Attorney escapes sanction for stunt
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Even though a federal judge declared that there would be "hell to pay," a South Carolina lawyer accused of tampering with evidence in a civil trial won't have to pay at all.
In fact, J. Kendall Few wasn't even reprimanded for his conduct during the January trial.
U.S. District Judge Terrence F. McVerry issued a 19-page opinion this week following a request by defense attorneys that Mr. Few be made to pay more than $20,000 in costs that they claimed occurred only because of his actions.
The claims at trial involved an allegedly faulty seat belt in a Kia Sportage. The plaintiffs in the lawsuit -- who were represented by Mr. Few -- said that a design flaw allowed the webbing of the seat belt in their vehicle to be sliced by the seat back reclining lever during a May 2004 crash.
The driver of the Sportage was thrown from it, and sustained severe injuries. He filed a lawsuit against Kia Motors Corp.
During the trial in January, attorneys for the car manufacturer brought in a portion of a Kia Sportage to use as an exhibit.
However, when it was rolled into the courtroom on Jan. 15 and the door was opened, the webbing of the seat belt was wedged behind the reclining lever --just like plaintiffs said could happen.
Attorneys for Kia immediately alleged misconduct on the plaintiffs' part to sway the jurors.
Judge McVerry instructed the jurors to disregard what they had seen and then spent hours questioning everyone in the courtroom about how the seat belt could have been manipulated.
After denying the allegation at least five times -- and even accusing Kia's attorneys of trying to frame him -- Mr. Few admitted that he had put the seat belt in that position the evening before.
First Published March 20, 2010 12:00 am
