Du Jardin v. City of Oxnard

Vince Lombardi is reputed to have said “Winning isn’t everything; it’s the only thing.”

These words may have been in defense counsel’s mind when he made his closing argument to the jury. He warned the jurors that a verdict in favor of plaintiff could result in the loss of social services.

Counsel took Lombardi’s words too literally. That is why he loses for winning. For our purposes we add this caveat to Lombardi’s statement: “provided that you play fairly and according to the rules.” The rules by which we engage in legal contests are designed to ensure that the contest is carried on with fairness and civility. That is not what happened here.

Don and Carmen Du Jardín appeal from the judgment after a special jury verdict in favor of respondent, the City of Oxnard (the City). Appellants assert that misconduct of respondent’s counsel during closing argument requires reversal. We agree and reverse the judgment.

Facts

The City rented and delivered a trash dumpster it owned to the Oxnard Union High School District. The City failed to notice or to inform the district that the dumpster had a hole in its floor. Delivery of defective rental dumpsters violates City…