Lawyers behaving badly: The Texas Supreme Court chimes in

Recently, the Texas Supreme Court set aside a verdict against an employer when the plaintiffs’ lawyer made appeals to racial prejudice and gender bias during the trial.

Car crash

An employee of New Prime Inc. rear-ended Christine John, a black woman, and Christopher Lewis, a black man. New Prime conceded negligence, and the court held a trial solely on damages. That’s when the bad behavior started.

The plaintiffs’ lawyer commented, “There are studies where women are awarded for the same injuries less than men.” Later in jury selection, the lawyer reiterated that “there are studies that show a woman --- her damages are less than man for the same injuries, and sometimes it’s like a woman --- her damages are actually less than a man for the same injuries, and sometimes it’s like if someone is --- does it matter if my client is African-American?”

So far, these are odd comments but nothing improper. But, as Sherlock Holmes would say, “The game is afoot, Watson!”