100+ years of combined experience and over $200 million won for our clients in Missouri and Illinois. Contact a personal injury lawyer near you.
Free Consultation
(314) 500-HURTCounsel personalizes to the jury by asking them to place themselves in the place of the tort victim or other party to
the action. Henderson, 68 S.W.3d at 473. Such arguments are
condemned and uniformly branded improper, the rationale of rejection being that a juror doing that would be no
fairer judge of the case than the party or victim herself. Henderson, 68 S.W.3d at 473, n. 5. See
also Walters v. Hitchcock, 237 Kan. 31, 33, 697 P.2d 847, 849
(1985).
Likewise, in Illinois, “one line of argument that the court has repeatedly found to improperly elicit passion,
prejudice, or sympathy from the jury is asking it to place itself in the position of either the plaintiff or the
defendant.” Sikora v. Parikh, 2018 Ill. App. (1st) 172473, 122 N.E. 3d
327, 339; Koonce v. Pacilio, 307 Ill. App. 3d 449, 457, 241
Ill. Dec. 57, 718 N.E.2d 628 (1999).
Counsel’s reference to dismissed or abandoned pleadings is improper because the pleadings are irrelevant and are used
for the purpose of prejudicing the jury. Liberty Hills Dev. Inc. v. Stocksdale,
742 S.W.2d 209, 213-14 (Mo. App. 1987).
Missouri courts have long shown displeasure with “send a message” arguments in which punitive damages are not sought.
Beis v. Dias, 859 S.W.2d 835, 840 (Mo. App.1993). When the message argument
becomes the theme of the entire closing, it constitutes reversible error. Beis, 859 S.W.2d at 840.
Yet, from long experience, appellate courts recognize that trial courts are better positioned to assess the amount of
prejudice injected by admittedly improper arguments. Beis, 859 S.W.2d at 840. Having only the cold record
on appeal, appellate courts of this state uniformly uphold trial court’s determinations of the prejudice injected by
“send a message” arguments. Beis, 859 S.W.2d at 840. Illinois courts also prohibit “send a message” arguments.
See, e.g. Spyrka v. County of Cook, 366 Ill. App. 3d 156, 170, 303
Ill.Dec. 5613, 851 N.E.2d 800 (2006).
40825[/video-slider]
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
Similar Blog Posts
What Is Bad Faith Failure To Settle? It's when and insurance company will not reasonably settle a claim and damages its insured, or customer, in Missouri. Bad Faith is "the int... read more.
I've said it before, and I'll say it again. Our clients are a crucial part of our success. We've got a ton of great clients, and we're so grateful for them. As a way of sho... read more.
This month, Burger Law is partnering with Nurses for Newborns for a Donation Drive. We're collecting baby and food items for them. Here's the list of what they need. Here’s... read more.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
NO FEES UNTIL WE WIN YOUR CASE
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
or call us at