Evidence Commons^™

Evidence, Marc T. Treadwell

Mercer Law Review

Previous survey articles have discussed the need for precise objections to preserve an issue for appeal. Sometimes, however, even the most precise objection may not be sufficient. In Garner v. Victory Express, Inc., plaintiff objected to defendant's counsel's comment during closing argument on the lack of any evidence indicating that defendant was unsafe or careless. Apparently, defense counsel was referring to the absence of evidence of prior negligence on the part of defendant's driver. The trial court overruled this objection. Plaintiff argued that because he was precluded from proving defendant's negligence by his prior driving record or from proving …