Rowe v. Sisters of the Pallottine Missionary Society

(Filed Dec. 18, 2001)

I concur with the majority opinion’s conclusion that the circuit court did not err in *28refusing to give a comparative negligence instruction to the jury. Also, having examined the record in its totality, I believe that appellant St. Mary’s Hospital was not entitled to a new trial on the basis of a single comment by appellee’s counsel during closing argument.

During appellee’s initial closing argument, counsel indicated that “if Brian Rowe was a horse, I could come in here and say, Well, that horse’s leg’s worth — a Kentucky Derby winner, millions and millions of dollars.…