Tune v. Synergy Gas Corp.

I respectfully dissent from part IV of the majority opinion and the reversal of the trial court’s damage award. The majority overrules well reasoned and long-standing precedent vesting the trial court with broad discretion regarding the propriety of closing argument of counsel, excuses the appellant from seeking the most efficient remedy available, excuses the appellant from demonstrating genuine surprise resulting in an absence of opportunity to respond to an argument, and orders a new trial without properly determining whether the allegedly improper argument had a prejudicial effect. In…