Boyd v. Pernicano

OPINION

By the Court,

Thompson, J.:

Cal and Gertrude Boyd brought suit against Pernicano to recover damages sustained in a rear end collision. The jury found for Pernicano. The Boyds’ appeal, assigning as error defense counsel’s suggestion, made during summation, that the jurors “trade places with Mr. Pernicano” in deciding the case.

As a general proposition appellate courts declare error when, during summation, trial counsel has urged the jurors to place themselves in the position of one of the litigants, or to allow such recovery as they would wish if in the same position. Annot., 70 A.L.R.2d…