Pesek v. University Neurologists Ass'n

Appellant challenges the judgment of the court of appeals on two grounds. Appellant contends that the case should be reversed and remanded for a new trial because the trial court erred in its charge to the jury and because of the misconduct of appellees’ counsel during his closing argument. For the reasons that follow, we reverse the judgment of the court of appeals and remand the cause for a new trial.

I

As part of their proposed jury instructions, appellees requested that the court charge the jury on a “school of thought.” 1 Over appellant’s objection, the court instructed the jury as follows: