Carlin v. Fuller

I respectfully dissent to the reversal, which is based on the trial court’s failure to give curative instructions after objection to the mention of punishment in the argument of counsel for the party asserting the Yost claim.

In the opening part of the closing argument, counsel had focused on the behavior of plaintiff in bringing what was described as an unjustifiable lawsuit and asked the jury “to award [Mrs. Fuller] damages for having to put up with Mrs. Carlin since 1983; for having to come into court and defend herself when [Mrs. Carlin] had no claim to any of the areas that she asserted a…