Doe v. Parrillo

Plaintiff sued Defendant, her former boyfriend, for allegedly physically and sexually assaulting herl The evening before trial, defense counsel sought a 30- to 60-day continuance, claiming her mother had a medical emergency and 2 unnamed witnesses were unavailable.  Trial judge refused to hear the motion under local rule giving presiding judge authority over continuances of that length. Trial proceeded without Defendant and his counsel, although counsel could have appeared. Jury verdict for $1 million plus $8 million in punitive damages. Court did not abuse its discretion in refusing to allow Defendant more time to seek a continuance. Decision to hold trial in absence of Defendant and his counsel did not violate Defendant's due process rights or give basis for mistrial because they could have participated but voluntarily declined. Because his counsel did not participate, Defendant waived alleged evidentiary errors in evidence and in jury instructions. Punitive damages reduced, as excessive, to $1 million. (GRIFFIN and WALKER, concurring.)