Winn Dixie Stores, Inc. v. Estate of Castano

Counsel for the plaintiff made prejudicial comments during closing argument in an eight-day negligence action. Although the remarks were improper, they were made in response to arguments of the defense, Gale v. State, 483 So.2d 53 (Fla. 1st DCA), rev. denied, 492 So.2d 1332 (Fla.1986), were not preserved for review by a timely and proper objection, White Constr. Co. v. DuPont, 455 So.2d 1026 (Fla.1984); Roadway Express, Inc. v. Dade County, 537 So.2d 594 (Fla. 3d DCA 1988), and were not so fundamental as to amount to a denial of due process, Pope v. Wainwright, 496 So. 2d 798 (Fla.1986),…