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Swanson v. Hall8/11/2005
er its verdict, to call the jury back into the courtroom and either give further instructions which have been omitted through oversight or, on receiving a request for further instructions, to give such reply as the facts may warrant.
Here, a conflict arose in closing argument after the charge conference. The trial judge decided, after hearing from all parties, that an additional charge was necessary. She gave the supplemental charge to the jury before it began deliberating, and she cautioned them not to give undue importance to the supplemental charge. Under these circumstances, the trial court did not abuse its discretion in charging the jury on concurrent negligence.
Judgment affirmed. Johnson, P. J., and Barnes, J., concur.
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