REGAN INSURANCE AGENCY, APPELLANT,
v.
KRAUSE & SONS, INC., A FLORIDA CORPORATION, AND GERALD W. KRAUSE, AN INDIVIDUAL, APPELLEES; REGAN INSURANCE AGENCY, APPELLANT, V. HARTFORD ACCIDENT & INDEMNITY COMPANY, APPELLEE; KRAUSE & SONS, INC., A FLORIDA CORPORATION, AND GERALD W. KRAUSE, AN INDIVIDUAL, APPELLANTS, V. HARTFORD ACCIDENT & INDEMNITY COMPANY, ETC., APPELLEES; KRAUSE & SONS, INC., A FLORIDA CORPORATION, ET AL., APPELLANTS, V. MORRIS SPANN, APPELLEE; KRAUSE & SONS, INC., A FLORIDA CORPORATION, ET AL., APPELLANT, V. CARLTON E. REGAN, APPELLEE

Fla. 3d DCA | 1976-01-20
Nos. 75-36, 75-89 and 75-185 to 75-187
Before BARKDULL, C. J., and HEN-DRY and NATHAN, JJ.
325 So. 2d 35 Florida District Court of Appeal, Third District (1976) Positive Treatment
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this consolidated appeal from a jury trial verdict in a vehicular accident case, the court addressed whether prejudicial statements by plaintiffs' counsel during closing arguments warranted a mistrial or new trial. The court found the statements sufficiently prejudicial to constitute reversible error but limited the reversal to the damages phase, affirming the judgment against the insurance defendants.


Holding

The court held that the statements made by plaintiffs' counsel were sufficiently prejudicial to constitute reversible error, warranting a new trial on the damages issue. However, the judgment against Hartford Insurance Company and Carlton E. Regan was affirmed as no reversible error affected those parties. The cause was remanded for a new trial on damages except as to the insurance company defendants.


Headnotes

[1] Remarks made by counsel during closing arguments will not serve as a basis for reversing a judgment unless they are highly prejudicial and inflammatory.

[2] Prejudicial remarks by counsel during closing arguments can constitute reversible error even when a curative instruction is given.

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Key Quotes

“Counsel are accorded a wide latitude in making arguments to the jury and, unless their remarks are highly prejudicial and inflammatory, statements made to the jury during closing arguments will not serve as a basis for reversing a judgment.”

Establishes the standard for evaluating prejudicial counsel statements during closing arguments

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Facts & Procedural History

Morris Spann and Ruth Spann, along with Travelers Insurance Company as subrogee, sued Krause & Sons, Inc. and Gerald W. Krause for damages from a vehi…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

These consolidated appeals arise from a final judgment after a jury trial where ap- pellees, plaintiffs below, Morris Spann, Ruth Spann, and the Travelers Insurance Company, as subrogee, sued Krause and Sons, Inc., and Gerald W. Krause for damages arising out of a vehicular accident, and where defendants, Krause and Sons, Inc., and Gerald W. Krause, as third party plaintiffs, filed a third party complaint against Hartford Insurance Company, Re-gan Insurance Agency, and Carlton E. Re-gan, as third party defendants, for their wrongfully denying coverage under an insurance policy issued to them and for their negligence in failing to provide sufficient coverage under the policy.

At the conclusion of the evidence, the trial court granted a directed verdict on the issue of liability between plaintiffs and defendants in favor of plaintiffs. Thereafter, the case went to the jury on the issue of damages and the third party claims. In accordance with the jury’s findings, the trial court entered a final judgment awarding plaintiffs $17,000.00 from defendants and awarding the same amount to defendants as third party plaintiffs from Regan Insurance Agency, third party defendants. From this final judgment entered by the trial court dated December 16, 1974, appellants bring these consolidated appeals.

Appellant Regan Insurance Agency raises the following three points on appeal: first, that the final judgment against it is inconsistent as a matter of law, second, that the trial court erred in not entering a judgment or a judgment n.o.v. in its favor against appellee Hartford Insurance Company, and third, that the trial court erred in not granting its motions for a mistrial or a new trial based upon the prejudicial remarks of plaintiffs’ counsel during closing arguments to the jury.

Appellants Krause and Sons, Inc., and Gerald W. Krause raise the following three points on appeal: first, that the trial court erred in directing a verdict on the issue of liability in favor of plaintiffs and against Gerald W. Krause, second, that the trial court erred in not granting their motions for a new trial based on excessiveness of plaintiffs’ verdict against Gerald W. Krause, and third, that the trial court erred in not granting their motions for a mistrial due to the conduct of plaintiffs’ counsel during his closing argument.

We will first consider the similar third points raised by appellants. The record discloses that, during argument, appellants objected to several statements made by plaintiffs’ counsel as being inflammatory and prejudicial. Based on these objections, appellants moved for a mistrial, but their motions were denied. However, the trial judge gave a curative instruction to the jury in regard to these statements. Subsequently, appellants’ motions for a new trial, based on the same points, were also denied.

Counsel are accorded a wide latitude in making arguments to the jury and, unless their remarks are highly prejudicial and inflammatory, statements made to the jury during closing arguments will not serve as a basis for reversing a judgment. Metropolitan Dade County v. Dillon, Fla.App. 1974, 305 So. 2d 36; Decks, Inc. v. Nunez, Fla.App.1974, 299 So. 2d 165; Tate v. Gray, Fla.App.1979, 292 So. 2d 618; and Dixie-Bell Oil Co., Inc. v. Gold, Fla.App.1973, 275 So. 2d 19. In the instant appeals, we conclude that the statements made by plaintiffs’ counsel and objected to by appellants were so prejudicial as to constitute reversible error when their motions for a mistrial or new trial were denied by the trial court, even in light of the curative instruction given. However, we further conclude that none of the points raised in the appeals constitute reversible error in regard to appellees Hartford Insurance Company and Carlton E. Regan. Therefore, the cause should be remanded to the trial court for a new trial on the issues of damages, except the final judgment appealed is affirmed as to Hartford Insurance Company and Carlton E. Regan. In light of this determination, it is unnecessary for us to discuss the other points raised on appeal by appellants.

Affirmed in part, reversed in part.


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Citator

Cited By

  • Albertson's, Inc. v. Brady, 475 So. 2d 986 (Fla. 2d DCA 1985)
    …icial nor inflammatory and, thus, are not a proper basis to order a new trial. Williams v. Winn Dixie, 443 So. 2d 195 (Fla. 3d DCA 1983); Erie Insurance Co. v. Bushy, 394 So. 2d 228 (Fla. 5th DCA 1981); Regan Insurance Agency v. Krause & Sons, Inc., 325 So. 2d 35 (Fla. 3d DCA 1976). As noted, the trial court sustained defense counsel’s objection and gave a curative instruction to the jury. Under the circumstances, we find no error in the court’s denial of defense counsel’s motion for a mistrial. We recogniz…
  • Smith v. Cont'l Ins. Co., 326 So. 2d 189 (Fla. 2d DCA 1976)
    …notice of his right of action. This long has been held to be the law in actions based on negligence. See City of Miami v. Brooks, Fla.1954, 70 So. 2d 306; Seaboard Air Line RR. Co. v. Ford, Fla.1957, 92 So. 2d 160; Foley v. Morris, Fla.App.2d 1976, 325 So. 2d 35. Likewise, where' an action is based on breach of implied warranty in products liability cases, it is generally held the statute starts running from the time the buyer first discovers or reasonably should discover the defect and not from the date of…
  • Johnnides v. Amoco OIL Co., Inc., 778 So. 2d 443 (Fla. 3d DCA 2001)
    …d objections were in fact made below, a new trial is all the more clearly in order. See Eastern Steamship Lines, Inc. v. Martial, 380 So. 2d 1070 (Fla. 3d DCA 1980), cert, denied, 388 So. 2d 1115 (Fla.1980); Regan Ins. Agency v. Krause & Sons, Inc., 325 So. 2d 35 (Fla. 3d DCA 1976); Magid v. Mozo, 135 So. 2d 772 (Fla. 1st DCA 1961). ' Reversed for a new trial.5 . Among these are: (a) Numerous other claims that opposing counsel was "trying to confuse you guys” and "misleading the jury” — some of it accompl…

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