Howell v. Outer Drive Hospital

D. E. Holbrook, Jr., J.

(concurring in part, dissenting in part). I concur with the majority that the trial court properly dismissed the contract count. However, I dissent from the majority’s conclusion that the following remarks by Dr. Griz’s counsel were not so prejucicial as to deprive plaintiff of a fair trial:

"First of all we started out as a professional malpractice case and it has turned into a conspiracy to commit murder and cover it up.

"Now, if you believe what Mr. Lopatin has told you, you’d better not only bring in a verdict for the plaintiff, but you’d better convict him of murder.

"…