96 Ga. App. 511 | Ga. Ct. App. | 1957
1. The fourth ground of the amended motion for new trial complains of the refusal of the court to give requested instructions to the jury concerning statements made to the jury by the defendant’s counsel in his opening statement to the jury. The substance of the statement complained of was that the plaintiff did not make a claim for, or go to a doctor on account of, his alleged personal injuries resulting from the collision of his automobile with the defendant’s automobile until he had hired a lawyer and until his lawyer had referred him to' a doctor and that it was the defendant’s contention that based on those facts the action was a trumped-up law suit. We think the court erred in not granting the plaintiff’s motion that the court instruct the jury that defendant’s counsel’s remarks, contentions and argument were improper and reflected upon plaintiff’s coun
2. Many of the assignments of error have reference to the matter of the attorney’s having referred the client to a doctor. In view of the above ruling it is unnecessary to pass upon these assignments as they should not recur on another trial. As an instance, the fifth ground of the amended motion complains that
3. All of the other assignments of error not referred to above are without merit.
The court erred in denying the motion for new trial because of the reason given in the first division of this opinion.
Judgment reversed,.