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Alpha Gulf Coast12/13/2001
bility to pay" argument so long as the net worth of the defendant is not specifically stated. Furthermore, the sentence "it is arguable that casinos are generally viewed by the public to have a secure financial status" has no basis in the law or facts of this case.
. This Court has recognized that evidence of financial worth is not admissible where the jury is not warranted in awarding punitive damages. C&C;Trucking Co. v. Smith, 612 So. 2d at 1102. See also Mutual Life Ins. Co. v. Estate of Wesson by Hall, 517 So. 2d 521, 529 (Miss. 1987) Thus, the trial court correctly disallowed evidence of the casino's financial worth in this case. Counsel may not argue facts outside the evidence unless the fact is a matter of common knowledge. Brown-Miller Co. v. Howell, 224 Miss. 136, 79 So. 2d 818, 822 (1955). The majority's assertion that "casinos are generally viewed by the public to have a secure financial status since the nature of the business is betting money on games of chance" is not, in my view, what this Court would term a "matter of common knowledge." This is simply a comment outside the record with absolutely no evidence to support same. Furthermore, this Court has held that the argument that a defendant has the ability to pay a judgment is improper even where the defendant's net worth was not specifically stated. See Savery v. Gray, 51 So. 2d 922, 924 (Miss. 1951). Here, Jackson referred to the casino's deep pockets by saying "They've got it. They should pay it." He also referred to a video not in evidence and the "send the message argument." There is simply no place in our jurisprudence for such arguments about deep pockets or "ability to pay" especially when coupled with a reference to a video not in evidence and "send the message" by a plaintiff attempting to acquire a large, excessive verdict. Fairness is non-existent under these circumstances.
III.
. The judgment in this case should be reversed and the case remanded to the trial court for a new trial on the issue of damages.
PITTMAN, C.J., WALLER AND COBB, JJ., JOIN THIS OPINION.
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