DRAKE v. CATERPILLAR TRACTOR COMPANY

No. 83-1770.

15 Ohio St. 3d 346 (1984)

DRAKE ET AL., APPELLEES, v. CATERPILLAR TRACTOR COMPANY; C.T. CORPORATION SYSTEM, APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Michael F. Colley Co., L.P.A., Mr. Michael F. Colley and Mr. Dana A. Deshler, for appellees.

Crabbe, Brown, Jones, Potts & Schmidt, Mr. Charles E. Brown, Mr. Vincent J. Lodico and Mr. John J. Buchan, for appellant.


Per Curiam.

The issue presented by this appeal is whether the comment in closing argument which referred to evidence admitted solely for impeachment purposes as if the evidence were admitted on the substantive issue in the case constitutes reversible error. We hold that, under the circumstances presented herein, a new trial is warranted.

The general rule is that counsel in closing argument may comment upon evidence adduced at trial. However, it is improper...

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