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551 So. 2d 1274

551 So.2d 1274

14 Fla.L.Weekly 2643

Davidoff v. Segert

District Court of Appeal of Florida

Decided November 15, 1989

District Court of Appeal of Florida · decided 1989-11-15

Relies on 523 So. 2d 181 - Stokes v. Wet'N Wild, Inc. · Russell v. Guider

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-15

How this case has been cited

Cited by 4 later decisions — most recently January 2016

4 state decisions

201989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Appellant seeks review of the trial court’s order granting a motion for new trial in this personal injury action. He *1275contends the improper comments made by defense counsel during closing argument regarding the “insurance crisis” situation were not so prejudicial as to warrant the granting of a new trial and the jury’s verdict of no negligence should be reinstated. We disagree.

¶2While counsel is accorded great latitude in making argument to the jury, this leeway is not unbridled. The comments made by defense counsel were an improper attempt to appeal to the conscience of the community. Plaintiffs counsel timely objected to the comments, his motion for mistrial was denied and no curative instruction was given. The comment’s effect on the jury’s ability to judge the evidence fairly warrants the granting of new trial. See Stokes v. Wet ’N Wild, Inc., 523 So.2d 181 (Fla. 5th DCA 1988); Russell v. Guider, 362 So.2d 55 (Fla. 4th DCA 1978). Affirmed.

DOWNEY, STONE and POLEN, JJ., concur.
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