Delaware Olds, Inc. v. Dixon

DUFFY, Justice:

In this civil action for assault and battery, a Superior Court jury returned a verdict for plaintiff. On defendants’ motion, the Court ordered a new trial on the issue of damages, holding that it was error for plaintiff’s counsel in his summation to ask the jurors to place themselves in plaintiff’s position. 1 We conclude that a new trial should be ordered as to liability as well as to damages.

The form of appeal made to the jury in this case is commonly known as the “golden rule argument.” Briefly, a

“ ‘[g] olden rule argument’ is where counsel asks the jury to place themselves…