In my experience as a trial lawyer, it is often times difficult for the parties of a lawsuit to understand the restrictive nature of the rules of evidence. There are narrow guidelines by which attorneys must conduct themselves when arguing to a jury. If a lawyer steps out-of-bounds during trial, his client’s favorable verdict might be overturned by an appellate court.
Such was the case in TT of Indian River v. Fortson, a recent appellate decision issued by Florida’s Fifth District Court of Appeal. In TT of Indian River, the plaintiff in a personal injury automobile accident case received a favorable jury verdict. However, due to some remarks made by her trial attorney, that verdict was overturned.