Board of Transportation v. Eastern Developers & Rentals, Inc.

ARNOLD, Judge.

Defendant contends that the trial court committed prejudicial error in failing to instruct the jury ex mero motu to disregard all statements of counsel for the Board of Transportation regarding the access point on the east side of the property. In his opening statement to the jury the Board of Transportation’s attorney, while exhibiting a map (Exhibit A) of the controverted property to the jury, stated that the parties had stipulated that the defendant’s remaining eastern tract of land would be “landlocked” (i.e. without access) after the taking. The jury was then sent out and a…