CASES - Civil
Torts -- Cruise lines -- Failure to provide prompt, adequate medical care to crewman who suffered stroke while working for cruise line -- Argument -- Comments by plaintiff's counsel during closing argument regarding defendant's medical director's failure to testify regarding standard of care for ship's doctor and the implication that this lack of testimony was because defendant had no favorable testimony to provide were improper where plaintiff had successfully moved in limine to preclude medical director from testifying in this regard because medical director was not listed as an expert witness -- Comments by plaintiff's counsel during closing argument suggesting that type of food defendant served its crew members was cause or contributing cause to plaintiff's stroke, comments regarding economic disparity between plaintiff and defendant, comments disparaging defense counsel and defendant's defense, and comments regarding lack of evidence where plaintiff's counsel had succeeded in excluding the evidence he argued were also improper -- Seriousness and pervasiveness of improper comments require reversal -- Claim regarding plaintiff's counsel's improper “value of life” arguments was not preserved for review by timely objection and, although clearly improper, comments were not so egregious as to constitute fundamental error Reported at 33 Fla. L. Weekly D65b
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