Nice v. Zhri, Inc.

ORDER

WILSON, District Judge.

The Motion for New Trial

During closing argument, plaintiffs’ counsel remarked that a verdict for the plaintiffs might cause the defendant to change a design which plaintiffs contended was dangerous. Defense counsel objected to this argument and moved for a mistrial, contending that such an argument is appropriate only when punitive damages are at issue. The Court overruled the objection, denied the motion for mistrial, and told the jury that the argument was “proper.”

During the ensuing bench conference, the Court remarked that it thought that, in about 1914, the…