Clark v. Johnson Bros. Construction

OPINION

POPOVICH, Chief Judge.

Appellant appeals a judgment in his favor and the trial court’s order refusing to grant a new trial. Appellant claims a new trial is required because (1) defense counsel repeatedly referred to the existence of appellant’s health insurance, (2) defense counsel appealed to single juror by name during closing argument, (3) the trial court refused to instruct the jury regarding the impact of inflation on future medical costs, and (4) the jury’s damage award was less than the proven special damages. We reverse and remand.

FACTS

At 7:00 a.m. on June 26, 1974, appellant…