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Banks v. Village Enterprises12/5/2000
sue in the case, and the trial court would have been well within its discretion in directing the Plaintiffs' counsel not to ask it, or in sustaining a timely objection to the question. However, we do not believe that the asking of the question constituted plain error, or that it so prejudiced KFC that it required the granting of a mistrial. The Plaintiffs' counsel only asked a single question initially, and it was undisputed that Mr. Banks had swallowed the cord while eating a piece of chicken he had just purchased at KFC. In these circumstances, the assistant shift manager's statement that KFC would probably pay his hospital expenses could not have affected the verdict. KFC's Point III is denied.
For all of the reasons stated above, the judgment is affirmed.
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