Saturday, February 16, 2008

The Puppy Story

The Florida Third District Court of Appeal reversed a plaintiff's jury verdict in a slip-and-fall case as a result of trial misconduct by plaintiff's counsel. Counsel engaged in a variety of improper actions, that began during voir dire, where his questions began "setting the stage for his trial strategy: impugning the [defendant] and its trial counsel." This approach culminated, as it often does in such a trial approach, with an over the top closing argument that accused defense counsel of hiding evidence and fraudulently preventing evidence from being admitted without any basis in the record. He also told the "Puppy Story" (quoted in the opinion) in closing argument, which the court characterized as an improper Golden Rule argument. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/02/the-puppy-story.html

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Comments

Unreal. "The Puppy Story" is an instant classic. It sounds like something Paul Harvey might have said.

Posted by: John Steele | Feb 16, 2008 3:47:19 PM

I believe that I read "The Puppy Story" in one of the books in the series, "Chicken Soup for the Soul." It is interesting to see it quoted in an appellate court opinion.

Posted by: Mark E Wojcik | Feb 18, 2008 2:51:55 AM

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