Averette v. Phillips

hi agree with the majority that Ms. Averette made a strategic decision during closing argument to ask for twenty years of conservative medical treatment and no future general damages, I disagree with the majority that Ms. Averette effectively waived future general damages.

Opening and closing statements of counsel are not evidence. The trial court in the instant case correctly instructed the jury as such when it stated, “Likéwise, the argument of counsel and the figures which counsel for either party may suggest are not, I repeat, are not evidence and should not be regarded by you, the jury,…