What is the current state of the law on abuse of discretion in closing arguments in a personal injury case?

Further guidance is found in Kehr v. Smith Barney, Harris Upham & Co., Inc., 736 F.2d 1283 (9th Cir. 1984). There, on appeal the defendant challenged a district court decision denying its motion for a new trial following plaintiff's jury verdict. The appeal was based on alleged prejudicial acts and misconduct of plaintiff's counsel, including comments in opening statement and closing argument. The defendant argued that counsel's comments indulged in criminal imagery, commented on financial disparity between parties, dwelled on irrelevant subjects, and were otherwise improper. In declining to reverse for abuse of discretion, we noted, as one factor among others, that defendant's counsel "never objected during the closing argument or moved for a mistrial." Id. at 1286.