Brokopp v. Ford Motor Co.

Brief Fact Summary.

The Brokopps (plaintiffs) sued Ford Motor Co. (defendant) for damages resulting from a car accident.

Synopsis of Rule of Law.

If counsel fails at trial to object to arguments made by opposing counsel at the close of trial, they will waive their right to object to those arguments on appeal.

Facts.

After the plaintiffs were in a car accident when the power steering belt came off the pulley, and kept going, instead of coming off when the pulley stopped. At trial, experts testified there was no evidence it came off while the pulley was still going. At closing, counsel for the plaintiffs made various statements to the jury including telling the jury to step into the plaintiffs shoes and award damages based on how they would feel in the plaintiff’s shoes, compared the plaintiffs to the defendant, such a large corporation, and the evasiveness of the defendant’s witnesses. Counsel even pulled out a belt and marked with a crayon were the belt had come off. Opposing counsel only objected to the marking of the belt with a crayon but nothing else. On, appeal the defendants argued the jury awarding the plaintiffs $300,000 in damages should be overturned for the plaintiff’s counsel’s improper arguments.

Issue.

Whether if counsel fails at trial to object to arguments made by opposing counsel at the close of trial, they will waive their right to object to those arguments on appeal.

Held.

Yes. If counsel fails at trial to object to arguments made by opposing counsel at the close of trial, they will waive their right to object to those arguments on appeal.

Discussion.

Counsel must timely object at trial to improper arguments by opposing counsel or they will waive their right to object on appeal. While the defendant’s counsel did object to the marking of the belt with the crayon, that is all they objected to, and that is the only argument they may object to on appeal.