Legal Opinion

Potter v. Kley

Missouri Court of Appeals

Decided October 22, 2013No. ED 98757PublishedCited by 2 opinions

1Opinion of the Court

PATRICIA L. COHEN, Judge.

Introduction

Alyssa Kley (Defendant) appeals the judgment in favor of Joseph Potter (Plaintiff) in his wrongful death action for the death of the couple’s infant son. Defendant claims the trial court plainly erred in denying her motions for directed verdict and judgment notwithstanding the verdict because, during closing arguments, Plaintiffs counsel improperly: (1) commented on the collectability of the judgment; (2) personalized the facts of the case to the jury; and (3) led the jury to consider grief and bereavement. We affirm.1

Factual and Procedural Background

On…

2Cases cited13 opinions

  1. Coulter v. Michelin Tire Corp.Missouri Court of Appeals · 1981
  2. Delacroix v. Doncasters, Inc.Missouri Court of Appeals · 2013
  3. Bailey v. Hawthorn BankMissouri Court of Appeals · 2012
  4. Morgan Publications, Inc. v. Squire Publishers, Inc.Missouri Court of Appeals · 2000
  5. Laclede Investment Corp. v. KaiserMissouri Court of Appeals · 1976

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3Cited by2 opinions

  1. Poage v. Crane Co.Missouri Court of Appeals · 2017
  2. Thomas Host v. BNSF Railway CompanyMissouri Court of Appeals · 2015

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