JEFFREY WOLFSON and JUDY WOLFSON, his wife, Plaintiffs, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.
7 Fla. L. Weekly Supp. 338a
Insurance — Uninsured motorist — New trial — Improper impeachment of plaintiff’s expert witness, in and of itself, does not warrant new trial on liability — With regard to assertion that expert witness for defendant committed perjury, counsel for plaintiffs impeached witness in this regard and as such there was no prejudice to plaintiffs — Argument — Defense counsel’s improper remarks about plaintiff being personal injury plaintiff’s attorney, throughout trial, were improper appeals to jury’s emotion, bias and prejudices, and cumulative effect of counsel’s conduct pervaded trial and resulted in plaintiff being denied fair trial — Even if evidence submitted by plaintiff in his case in chief may not have been particularly strong, and defendant may have prevailed had counsel’s remarks been omitted, it cannot be said as mater of law that comments had no effect on jury’s verdict — Motion for new trial granted