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· 10/2/1968

Otis Elevator Company v. Wood

Citations

  • 436 S.W.2d 324
  • 12 Tex. Sup. Ct. J. 13
  • 1968 Tex. LEXIS 278

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding jury argument by plaintiffs’ lawyer suggesting that plaintiff’s cancer was caused by the occurrence made the basis of the suit, when no evidence supported this proposition, was not incurable jury argument
  • “If the argument is of a ‘curable’ nature, an objection to it must be promptly made and an instruction requested or the error is waived.”
  • “it is the substance, not the form, of the testimony that is determinative
  • “[A]n argument may be so inflammatory that its harmfulness could not be eliminated by an instruction to the jury to disregard it. The prejudicial nature of the argument is so acute that it is ‘incurable.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greenhill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.