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Over the past two decades summations[i] in personal injury actions have veered off the rails into something far removed from their proper role and purpose.[ii] Unsurprisingly, this has coincided with the progressive rise in excessive and nuclear verdicts that unnecessarily clog our courts with litigation and unnecessarily raise the cost of living for our citizenry.[iii] While we previously discussed a number of the offending tactics[iv], in this article we focus on the most insidious and all-too-prevalent improper summation trope: the plaintiff’s attack based on the defendant’s purported “failure to take responsibility.”

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