Missouri Court of Appeals, Eastern District / Jun 12, 2018
Mark Porter, Appellant vs. City of St. Louis, Respondent
Mark Porter sued the City of St. Louis for negligence after a car accident, alleging the City failed to repair a downed stop sign. Following a jury verdict for the City, Porter appealed, arguing the trial court erred by excluding a witness's prior inconsistent statements and by allowing the City to make prejudicial arguments outside the record during closing. The appellate court reversed the judgment and remanded for a new trial, finding that the City's closing argument was improper and prejudicial, but affirmed the trial court's rulings on the exclusion of prior inconsistent statements and the admission of an excited utterance.