COUCH v. PRIVATE DIAGNOSTIC CLINIC

No. 255A99.

520 S.E.2d 785 (1999)

351 N.C. 92

Finesse G. COUCH, Individually, and as Administratrix of the Estate of Carnell Simmons Couch v. PRIVATE DIAGNOSTIC CLINIC and Duke University.

Supreme Court of North Carolina.

November 5, 1999.


Attorney(s) appearing for the Case

Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, by Maria P. Sperando, pro hac vice, Stuart, FL; and Keith A. Bishop, Durham, for plaintiff-appellee.

Maxwell, Freeman & Bowman, P.A., by James B. Maxwell, Durham; and Robinson, Bradshaw & Hinson, P.A., by Everett J. Bowman, Lawrence C. Moore, III, and John M. Conley, Charlotte, for defendant-appellant Duke University.


PER CURIAM.

Justice Freeman did not participate in the consideration or decision of this case. The remaining six members of the Court are of the opinion that plaintiffs counsel, Ms. Maria P. Sperando, engaged in a grossly improper jury argument that included at least nineteen explicit characterizations of the defense witnesses and opposing counsel as liars. The trial court did not sustain defendants initial objection to this jury argument, nor did the trial court...

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