Childs v. Franco

MEMORANDUM

GILES, District Judge.

Plaintiff moves for a new trial on the grounds that defense counsel’s closing argument contained an admission of injury to the plaintiff due to defendant’s negligence. As a result of this admission, plaintiff contends that the court’s charge to the jury on proximate cause and the special interrogatories constituted fundamental error. For the following reasons, plaintiff’s motion will be granted.

DISCUSSION

At the conclusion of trial, the jury rendered a verdict in favor of the defendant driver and against the plaintiff. The case involved a rear-end collision in…