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R.J. REYNOLDS TOBACCO CO. v. ROBINSON

CASE NO. 1D15-0989.

216 So.3d 674 (2017)

R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Cynthia ROBINSON, as Personal Representative of the Estate of Michael Johnson, Sr., deceased, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 17, 2017.

Attorney(s) appearing for the Case

Charles R.A. Morse , Jones Day, Washington, D.C.; Charles F. Beall, Jr. and Larry Hill of Moore, Hill & Westmoreland, P.A., Pensacola; Jonathon A. Fligg and Christine Lawson of Womble, Carlyle, Sandridge & Rice, Atlanta, GA; Geoffrey K. Beach and Randal S. Baringer of Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Appellant.

David J. Sales of David J. Sales, P.A., Jupiter; Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens; Howard M. Acosta of the Law Office of Howard M. Acosta, St. Petersburg; Willie E. Gary of Gary, Williams, Parenti, Watson & Gary, P.L., Stuart, for Appellee.

This case concerns the boundaries of proper closing argument. Plaintiff's counsel crossed those boundaries repeatedly, flagrantly, and often in defiance of the trial court's admonishments. The depth and pervasiveness of these improper arguments compel reversal of this case for new trial.1

I.

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