Friedland v. Allis Chalmers Co. of Canada

Defendants appeal from a $400,000 judgment entered against them following a jury trial on plaintiff’s personal injury complaint arising out of an automobile accident. Plaintiff sued defendant Rowecliffe, the driver of the car which struck him, and Allis Chalmers Company of Canada, Rowecliffe’s employer. On appeal defendants contend: (1) plaintiff’s counsel’s repeated instances of misconduct were highly prejudicial and denied defendants a fair trial; (2) the trial court’s refusal to instruct the jury on the plaintiff’s failure to mitigate his damages was reversible error; (3) the trial court…