Does plaintiffs' counsel have a right to seek a motion for a new trial or reversal of the judgment on that ground?
California, United States of America
The following excerpt is from Dimmick v. Alvarez, 16 Cal.Rptr. 308, 196 Cal.App.2d 211 (Cal. App. 1961):
The record further indicates that although plaintiffs' counsel was made aware of the conversation at the time it took place, he displayed no interest in discovering the nature of the conversation and waited until after the case had been submitted to the jury to call it to the attention of the court. Even then, he made no objection but merely stated he wanted it in the record. By failing to object and by failing to ask for a mistrial at the time the fact of the conversation came to his attention, plaintiffs' counsel waived any right he might have had for a new trial or reversal of the judgment on that ground (Nafus v. Freight Construction, etc., Union, 182 Cal.App.2d 120, 5 Cal.Rptr. 924).
Judgment affirmed.
Appeal from denial of motion for new trial dismissed.
SHOEMAKER and AGEE, JJ., concur.
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