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SEARS ROEBUCK & CO. v. JACKSON

No. 82-1548.

433 So.2d 1319 (1983)

SEARS ROEBUCK & COMPANY, an Illinois Corporation, Allstate Insurance Company, an Illinois Corporation, Lonnie M. Perry, Individually and As Agent of Sears Roebuck & Company, an Illinois Corporation, Stan Conger, Individually and As Agent for Sears Roebuck & Company, an Illinois Corporation, Appellants, v. Arlee JACKSON and Mugge Rivers, Appellees.

District Court of Appeal of Florida, Third District.

July 5, 1983.

Attorney(s) appearing for the Case

Adams, Ward, Hunter, Angones & Adams and Steven Kent Hunter, Miami, for appellants.

George E. Gelb, Henry T. Courtney and David M. Verizzo, Miami, for appellees.

Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The trial court granted a new trial to the plaintiffs-appellees on the ground that defense counsel made improper remarks in two instances during the trial, the effect of which, in the trial court's view, "could not be erased by the instructions to the jury."1 The first of the remarks came in defense counsel's opening statement:

"Well, suffice it to say that three and a half years later a mysterious witness...

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