Joseph Ex Rel. Joseph v. Monroe

HERRMANN, Chief Justice:

In this appeal, we must decide whether the Superior Court committed reversible error when: (1) it failed to instruct the jury expressly to disregard a certain statement made during closing argument by counsel for the defendants; and (2) it refused to instruct the jury that actions of certain of the defendants could constitute negligence per se.

I

The plaintiff, Stephanie Joseph, a sixth grade student, was injured on the school playground during a supervised recess period. The injury occurred when the plaintiff fell and broke her elbow while engaged in an unknown game…