Zemliansky v. United Parcel Service, Inc.

The evidence is sufficient to present questions of fact with respect to defendant’s negligence and plaintiff’s freedom from contributory negligence. The motion to direct a verdict, upon which I reserved decision, is, therefore, denied. The jury’s verdict nevertheless must be set aside because of improper conduct of plaintiffs’ counsel.

The object of summation is to give counsel an opportunity to comment upon the evidence, and within reasonable limitations that includes the right to comment upon those who give the evidence, but to say of a physician of standing who has testified as to his…