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DELAWARE OLDS, INC. v. DIXON

No. 193.

367 A.2d 178 (1976)

DELAWARE OLDS, INC., a corporation of the State of Delaware, and William Luke, Jr., Defendants below, Appellants and Cross-Appellees, v. Michael DIXON, Plaintiff below, Appellee and Cross-Appellant.

Supreme Court of Delaware.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Richard W. Pell, of Tybout & Redfearn, Wilmington, for defendants below, appellants and cross-appellees.

Wilfred J. Smith, Jr., Wilmington, and James C. Eberly, Sr., Georgetown, for plaintiff below, appellee and cross-appellant.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

DUFFY, Justice:

In this civil action for assault and battery, a Superior Court jury returned a verdict for plaintiff. On defendants' motion, the Court ordered a new trial on the issue of damages, holding that it was error for plaintiff's counsel in his summation to ask the jurors to place themselves in plaintiff's position.1 We conclude that a new trial should be ordered as to liability as well...

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