 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Myers v. Heritage Enterprises12/10/2004
unsel's arguments went too far.
Defendant argues it was entitled to challenge plaintiff's bias and credibility because plaintiff listed himself on his witness list. According to defendant, if its conduct was improper, then plaintiff's counsel "pulled a neat trick," creating error at trial through his own conduct of purposely not calling himself so that the opening statement created error.
That defendant thought plaintiff would testify explains the comments made during the opening statement. It does not explain, however, the testimony elicited by defendant during the trial or the statements made in closing argument.
Reviewing the testimony elicited by defendant, it appears defendant called plaintiff only to establish bias and discredit plaintiff's credibility. However, plaintiff did not testify in his own case, and defense counsel had nothing to discredit. Defense counsel, through his questioning of plaintiff, his opening statement, and his closing statement, invited the jury to disregard the law and decide the case based on the worth of plaintiff. Such action was improper and warrants reversal.
III. CONCLUSION
Therefore, for the reasons stated herein, we vacate judgment entered in favor of defendant and remand this cause to the trial court for a new trial.
Reversed and remanded.
COOK, P.J., and KNECHT, J., concur.
|