Sanchez v. Espinoza

It was permissible for appellee's attorney to invite the jurors to put themselves in the place of his client when determining liability because final argument may consist of attempts to structure the evidence in a way making the law contained in the charge applicable to the facts of the case.

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John and Connie Sanchez, individually and as next friend of Rehnae Leann Sanchez, a child, (collectively referred to as Sanchez) appeal from a final judgment denying them recovery against Sylvia Garza Espinoza. Through one point, they contend that the trial court erred in overruling their objection to aspects of the closing argument of Espinoza’s attorney. We overrule the point and affirm the judgment.

Background

Sanchez sued Espinoza for negligence. The cause of action arose from an automobile collision in which the litigants were involved. Trial was to a jury. While counsel for Espinoza made his final argument, Sanchez objected, contending that their opponent was asking the jury to stand in the shoes of and assess liability from the perspective of Espinoza. The trial court initially sustained the objection but later permitted her to continue with the allegedly improper argument. The following is the colloquy depicting the utterances in dispute: *fn1

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Sanchez v. Espinoza

It was permissible for appellee's attorney to invite the jurors to put themselves in the place of his client when determining liability because final argument may consist of attempts to structure the evidence in a way making the law contained in the charge applicable to the facts of the case.

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