Miller v. Owen

OPINION OF THE COURT

Jose A. Padilla, Jr., J.

In this case of first impression, the sole issue is whether a unit of time measure of damages argument made by plaintiff’s counsel, during his opening statement in this personal injury action, warrants a declaration of a mistrial. Upon oral argument, and its own research, the court makes the following determination:

The purpose of an opening statement is to permit the parties to advance their client’s theory of recovery or defense before the jury. Counsel is permitted to present those facts that can be proven and communicate the issues to the jury…