Langdon v. Wight

GRIMM, Presiding Judge.

Plaintiff Kathy Langdon appeals from an adverse judgment in this jury-tried malicious prosecution action. We reverse and remand.

She alleges two points of error. First, the “trial court erred by overruling plaintiff’s objections to defendant’s closing argument that the testimony of plaintiff’s witness ... was entitled to less consideration because it was by video deposition instead of by live testimony....” We agree. An implication that plaintiff’s witness was less credible because she testified by deposition is not allowable comment on the witness’s appearance or…