STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLANT,
v.
JAMES CURRY, ET AL., APPELLEES

Fla. 3d DCA | 1992-12-01
No. 91-96
Before SCHWARTZ, C.J., and COPE and GERSTEN, JJ.
608 So. 2d 587 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The judgment below is reversed for a new trial because the trial judge (a) instructed the jury in the precise manner determined to be erroneous in the later-decided and controlling case of State Farm Mutual Auto. Ins. Co. v. Gomez, 605 So. 2d 968 (Fla. 3d DCA 1992), and (b) incorrectly overruled a defense objection to opposing counsel’s statement — which may stand as the very definition of a golden rule argument — asking the jury to “[p]ut yourself in [the plaintiff’s] position, you can imagine the mental anguish and frustration.” See Klein v. Herring, 347 So. 2d 681 (Fla. 3d DCA 1977).

Reversed and remanded.

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  • SDG Dadeland Assocs., Inc. v. Anthony, 979 So. 2d 997 (Fla. 3d DCA 2008)
    …c., 766 So. 2d 1010, 1029 (Fla.2000). The classic Golden Rule argument specifically requests the jurors to imagine themselves as the injured party, and to award damages as if they were the injured party. See State Farm Mut. Auto. Ins. Co. v. Curry, 608 So. 2d 587 (Fla. 3d DCA 1992); Metropolitan Dade County v. Zapata, 601 So. 2d 239, 241-42 (Fla. 3d DCA 1992). Even when an attorney does not explicitly ask the jurors how much money they would wish to receive in the plaintiffs position, comments may violate th…
  • Cohen v. Pollack, 674 So. 2d 805 (Fla. 3d DCA 1996)
    …denied, 662 So. 2d 932 (Fla.1995); Kaas v. Atlas Chem. Co., 623 So. 2d 525 (Fla. 3d DCA 1993). Asking the jury to imagine the injured party’s anguish and frustration further constitutes reversible error. See State Farm Mut. Auto. Ins. Co. v. Curry, 608 So. 2d 587 (Fla. 3d DCA 1992); Klein v. Herring, 347 So. 2d 681 (Fla. 3d DCA 1977). Here, during closing remarks, appellees’ attorney suggested that the jury should measure damages by considering the pain Brittany endured. This, when combined with the imprope…
  • State v. Gathers, 623 So. 2d 1189 (Fla. 1993)
    …PER CURIAM. We review Gathers v. State, 608 So. 2d 587 (Fla. 4th DCA 1992), based on a certified question. Art V, § 3(b)(4), Fla. Const. Our answer to the rephrased question in State v. Williams, 623 So. 2d 462 (Fla.1993), resolves the certified question in this case. The decision under review is approv…

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