Moorehead v. Counts

Evans, Judge.

Moorehead sued Mr. and Mrs. Counts for personal injuries and property damage because of an automobile collision. An automobile driven by Mrs. Counts and owned by her husband, struck Moorehead’s vehicle in the rear.

The defendants answered, denied any negligence, and alleged that if defendant was negligent, plaintiff’s negligence was equal to or greater than defendant’s negligence.

During the opening argument of counsel for defendant, plaintiff moved for a mistrial because of improper argument made by defendants’ counsel to the jury, which motion was overruled. The case proceeded to…