Carter v. Shoemaker

Plaintiff, Farrell B. Carter, instituted this proceeding against the defendant, Barry C. Shoemaker, to recover damages for personal injuries suffered when the motorcycle he was operating was in collision with an automobile driven by the defendant.

The sole question presented is whether the trial court erred in not declaring a mistrial for improper remarks by counsel.

In his opening statement to the jury, counsel for the defendant told them that: “The evidence will be he [plaintiff] had been in several accidents while Mr. Shoemaker has never been in any.” Counsel for the plaintiff immediately…