Myers v. Morrison

CARL R. GAERTNER,

Judge, concurring in result.

I agree that the judgment in this case must be reversed and the cause remanded for a new trial. The trial court erred in denying defendant Morrison’s motion for a mistrial based upon the repeated argument of plaintiffs counsel that defendant Morrison had refused to enter into negotiations for twelve years after the accident. This argument was completely outside the issues, was totally unsupported by the record, and was calculated only to inflame and prejudice the jury. The success of this injection of prejudice is evidenced by the fact the jury…