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SIMMONDS v. LOWERY

No. 88-3395.

563 So.2d 183 (1990)

Tracy SIMMONDS, Appellant, v. Della Mae LOWERY and Katrina Laverne Wiley, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 25, 1990.

Attorney(s) appearing for the Case

Joseph Thillman of Slinkman, Thillman & Beamer, P.A., and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellant.

Louis B. Vocelle, Jr., of Polackwich, Lauer & Vocelle, Vero Beach, for appellees.

WARNER, Judge.

This is an appeal from an order granting the defendant's motion for new trial in a personal injury action. The trial court granted a new trial based upon a determination that plaintiff made an impermissible "golden rule" argument and that the award was so excessive as to shock the judicial conscience. We reverse.

During opening statement appellant's counsel asked the jury as they listened to the case "to think about what you would pay

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