Incurable Argument, Again

Only a few weeks after the Fifth Circuit reversed on incurable argument grounds, the Texas Supreme Court did the same in Alonzo v. John holding that the injection of race-based argument into a significant personal-injury trial required reversal. The court noted, inter alia, this excerpt from the plaintiff’s rebuttal closing argument:

We don’t want the 4 or 5 million dollars. And now we certainly don’t want this $250,000. … We don’t want their 4 or 5 million dollars. That’s not fair. Because it’s a woman, she should get less money? Because she’s African American, she should get less money? No. We’re going to fight because we believe in the jury system.

No. 22-0521 (May 10, 2024) (per curiam).