Zander v. Morsette

Citations

• 2024 ND 80

Syllabus

The district court controls the scope and substance of opening and closing arguments, and a district court's decision will not be reversed absent an abuse of discretion. A party is not prejudiced by a counsel's improper arguments when the district court instructs the jury not to consider counsel's comments as evidence. A court may grant a new trial on grounds the jury awarded excessive damages appearing to have been awarded under the influence of passion or prejudice. To justify the granting of a new trial, passion and prejudice usually connote anger, resentment, hate, and disregard of the rights of others. When a jury awards excessive damages, under appropriate circumstances, the district court and this Court on appeal, may order a reduction of the verdict instead of a new trial or order that a new trial be had unless the prevailing party remits the excess damages.