Safeway Insurance Co. v. Saxon

BARKDULL, Judge.

On the second day of a jury trial in a negligence action, the defendant failed to appear. Counsel moved for a continuance, which was denied. Then counsel moved the court to permit the defense to read the defendant’s pretrial deposition, which was denied. During the closing argument plaintiffs counsel did not argue damages. In closing argument, defense counsel called upon the jury to return a “zero verdict” and “not giving her a cent”. Thereafter on rebuttal, counsel for the plaintiff went into certain items of damage, over objection.

On appeal, after an adverse jury verdict,…