How have appellate judges treated closing brief arguments in a personal injury case?
California, United States of America
The following excerpt is from Gerace v. Key System Transit Lines, 146 Cal.App.2d 667, 304 P.2d 88 (Cal. App. 1956):
Appellants raise two questions for the first time in their closing brief. Under settled practice we would be justified in disregarding these points. Utz v. Aureguy, 109 Cal.App.2d 803, 241 P.2d 639; 4 Cal.Jur.2d 324. More cogently, if considered, we should give them little weight, since they are claims of misconduct on the part of the court and opposing counsel, and the attorneys who were in the best position to determine whether the appellants suffered any prejudice from them were appellants' counsel at the trial. Appellants' trial counsel saw no such prejudice since they wrote the opening brief on appeal and did not even mention either of these questions.
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