Florida District Courts of Appeal, 1992

State Farm Mutual Automobile Insurance Co. v. Curry

State Farm Mutual Automobile Insurance Co. v. Curry
Florida District Courts of Appeal · Decided December 1, 1992 · Cope, Gersten, Schwartz
608 So. 2d 587; 1992 Fla. App. LEXIS 12447; 1992 WL 353651 (Southern Reporter, Second Series)

State Farm Mutual Automobile Insurance Co. v. Curry

Opinion of the Court

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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