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Jett v. Ford Motor Company

2/11/2004

case in order to present evidence of the Mary Carter agreements. Ford made no objection at the time the comments were made, nor did Ford move to strike the comments or request a curative instruction. Furthermore, the comments are contained in 20 lines of a voluminous record and were made during rebuttal, which, as the trial court instructed, the jury was not to consider as evidence in rendering its decision. Finally, Ford stipulated before trial that the Mary Carter agreements would be relevant only if witnesses' testimony changed from that given before trial or the settling defendants' strategy in defending against plaintiff changed from what they had pursued before the settlements. Under those circumstances, we cannot say that plaintiff's counsel's comments denied Ford a fair trial or that the trial court abused its discretion in denying Ford's motion.


Affirmed.






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