Delaware Olds, Inc. v. Dixon, 367 A.2d 178 (Del. 1976). · Go Syfert
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Delaware Olds, Inc. v. Dixon, 367 A.2d 178 (Del. 1976). Cases Citing This Book View Copy Cite
32 citation events (12 in the last 25 years) across 8 distinct courts.
Strongest positive: Truitt v. Winder (delsuperct, 2025-12-04)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) Truitt v. Winder (2×)
Del. Super. Ct. · 2025 · confidence medium
Instead, Plaintiffs’ counsel’s closing argument violated the precepts for closing arguments as follows: (1) in his closing, Plaintiffs’ counsel told the jurors he had spent seven years watching videos of G.M.T. and offered his own positive 13 Delaware Olds Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1996). 14 DeAngelis, 628 A.2d at 81. 20 opinions of her, notwithstanding the fact that no su ch videos were presented into evidence; (2) Plaintiffs’ counsel accused Defendants’ counsel of slandering him and Plaintiffs without any support for such a claim; and, (3) Plaintiffs’ counsel vouched…
discussed Cited as authority (rule) Envolve Pharmacy Solutions, Inc. v. Rite Aid Hdqtrs. Corp. (2×)
Del. Super. Ct. · 2023 · confidence medium
He has, therefore, waived the [objection].” (citing Grenier, 981 A.2d at 541 )). 207 See Delaware Olds, Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1976) (“[A] ‘golden rule argument’ is where counsel asks the jury to place themselves in the shoes of a party to the suit in arriving at a verdict, and to render such verdict as they would want rendered in case they were similarly situated.” (cleaned up) (citation omitted)). -40- Allowing Centene to present untethered argument or evidence of its customer base and ties to Medicare and Medicaid, in these circumstances, risked violating now well-…
discussed Cited as authority (rule) Knecht v. Ford Motor Company
Del. Super. Ct. · 2019 · confidence medium
And you know that every day that you live going forward is going to be a day in pain, short of breath, 71 A “golden rule argument” is one in which “counsel asks the jury to place themselves in the shoes of a party to the suit in arriving at a verdict, and to render such verdict as they would want rendered in case they were similarly situated.” Delaware Olcis, lnc. v. Dixon, 367 A.2d 178, 179 (Del. 1976). 12 6/5 PM Tr. 37-38. 13 The transcript does not identify what video Plaintiff" s counsel played.
discussed Cited as authority (rule) Fleetwood v. State
Del. · 2016 · confidence medium
So what is unique about our 9 Baker v. State, 906 A.2d 139, 148 (Del. 2006). 10 Wainwright v. State, 504 A.2d 1096, 1100 (Del. 1986). 11 Swan v. State, 820 A.2d 342, 355 (Del. 2003). 12 Sullivan v. State, 636 A.2d 931, 942 (Del. 1994). 13 Delaware Olds, Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1976); see also Brown v. State, 49 A.3d 1158 , 1161 (Del. 2012) (“[A] golden rule argument [is] ‘a jury argument in which a lawyer asks the jurors to reach a verdict by imagining themselves or someone they care about in the place of the injured plaintiff or crime victim.’”) (quoting Black’s Law D…
discussed Cited as authority (rule) PATRICIA A. MCLEOD v. PATRICK SWIER, M.D.
Del. Super. Ct. · 2016 · confidence medium
APPLICABLE LAW This Court has previously “recognize[ed] that counsel are permitted a certain [degree] of flexibility in presenting zealous jury argument,” however Delaware Courts have “placed limits on such advocacy.” 30 The Delaware Supreme Court has ruled that it is improper for counsel to make a factual statement which is not supported by the evidence; to comment on the legitimacy of the client’s claims or defense; to mention that the defendant is insured; to suggest to the jury that it place themselves in the plaintiff’s position—the “gold rule” argument; to comment on a …
cited Cited as authority (rule) Nastri v. Vermillion Brothers, Inc.
Conn. Super. Ct. · 1998 · confidence medium
Delaware Olds, Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1976).
discussed Cited as authority (rule) DeAngelis v. Harrison
Del. · 1993 · confidence medium
We have ruled that it is improper for counsel to make a factual statement which is not supported by evidence, Henne v. Balick, 51 Del. 369 , 146 A.2d 394, 398 (1958); to comment on the legitimacy of a client’s claim or defense, Robelen Piano Co. v. DiFonzo, 53 Del. 346 , 169 A.2d 240, 248-249 (1961); to mention that the defendant is insured, Chavin v. Cope, Del.Supr., 243 A.2d 694, 696-697 (1968); to suggest to the jury that it place themselves in the plaintiff’s position (the “golden rule” argument), Delaware Olds v. Dixon, Del.Supr., 367 A.2d 178, 179 (1976); to comment on a witness�…
discussed Cited as authority (rule) State v. Rice (2×)
Wash. · 1988 · confidence medium
Adkins v. Aluminum Co. of Am., 110 Wn.2d 128 , 750 P.2d 1257 (1988); Delaware Olds, Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1976).
discussed Cited as authority (rule) Adkins v. ALUMINUM COMPANY OF AM. (2×)
Wash. · 1988 · confidence medium
See, e.g., Dongo v. Banks, 448 A.2d 885, 888 (Me. 1982); Wernsing v. General Motors Corp., 298 Md. 406 , 470 A.2d 802 (1984). [17] New Testament, Luke 6:31. [18] Accord, e.g., Rojas v. Richardson, 703 F.2d 186, 191 (5th Cir.1983); Fountain v. Phillips, 439 So.2d 59, 63 (Ala. 1983); Beaumaster v. Crandall, 576 P.2d 988, 994 (Alaska 1978); Delaware Olds, Inc. v. Dixon, 367 A.2d 178, 179 (Del. 1976); Millen v. Miller, 224 Pa. Super. 569 , 308 A.2d 115, 117-18 (1973); World Wide Tire Co. v. Brown, 644 S.W.2d 144, 145-46 (Tex. Ct. App. 1982); see generally Annot., Prejudicial Effect of Counsel's Ar…
cited Cited "see" Sullivan v. State
Del. · 1994 · signal: see · confidence high
See Delaware Olds, Inc. v. Dixon, Del.Supr., 367 A.2d 178, 179 (1976).
cited Cited "see" Dixon v. Delaware Olds, Inc.
Del. · 1978 · signal: see · confidence high
See 367 A.2d 178 (1976).
discussed Cited "see, e.g." Ray v. Allergan, Inc.
E.D. Va. · 2012 · signal: see also · confidence low
See Whitehead v. Food Max, 163 F.3d 265 , 278 (5th Cir.1998) (“This court has forbidden plaintiffs counsel to explicitly request a jury to place themselves in the plaintiffs position and do unto him as they would have him do unto them,” finding that counsel’s “can you imagine how it would feel to have a knife in your side ...” argument was an improper Golden Rule argument because the can you imagine text “was clearly inviting the members of the jury to put themselves in the place of the plaintiffs when deciding damages.”) (citing Stokes v. Delcambre, 710 F.2d 1120, 1128 (5th Cir.…
discussed Cited "see, e.g." Massey-Ferguson, Inc. v. Wells
Del. · 1980 · signal: compare · confidence low
Compare Delaware Olds., Inc. v. Dixon, Del.Supr., 367 A.2d 178 (1976), in which this Court determined that a “golden rule argument,” without an admonition by the Trial Judge to the jury to disregard it, created reversible error.
DELAWARE OLDS, INC., a Corporation of the State of Delaware, and William Luke, Jr., Defendants Below, Appellants and Cross-Appellees,
v.
Michael DIXON, Plaintiff Below, Appellee and Cross-Appellant
193.
Supreme Court of Delaware.
Oct 21, 1976.
367 A.2d 178
Richard W. Pell, of Tybout & Redfearn, Wilmington, for defendants below, appellants and cross-appellees., Wilfred J. Smith, Jr., Wilmington, and James C. Eberly, Sr., Georgetown, for plaintiff below, appellee and cross-appellant.
Herrmann, Duffy, McNeilly.
Cited by 25 opinions  |  Published
DUFFY, Justice:

In this civil action for assault and battery, a Superior Court jury returned a verdict for plaintiff. On defendants’ motion, the Court ordered a new trial on the issue of damages, holding that it was error for plaintiff’s counsel in his summation to ask the jurors to place themselves in plaintiff’s position. [1] We conclude that a new[*179] trial should be ordered as to liability as well as to damages.

The form of appeal made to the jury in this case is commonly known as the “golden rule argument.” Briefly, a

“ ‘[g] olden rule argument’ is where counsel asks the jury to place themselves in the shoes of a party to the suit in arriving at a verdict, and to render such verdict as they would want rendered in case they were similarly situated.” 18 Words and Phrases, Golden Rule Argument, p. 716 (1956), citing Ravel v. Couravallos, Tex.Civ.App., 245 S.W.2d 731, 734 (1952)

Apparently, there is not a reported Delaware decision discussing the rule, but it is universally held that such argument is improper [2] and will constitute reversible error when the Trial Court fails to give a specific cautionary instruction to the jury to disregard the statement of counsel. Millen v. Miller, 224 Pa. Super. 569, 308 A.2d 115, 118 (1973). Here, defendants’ objection and request for a curative instruction were timely raised. But the Trial Court did not admonish the jury to disregard the statements made by plaintiff’s counsel.

Traditionally, Courts had carefully tried to eliminate appeals for sympathy in jury trials. Thus, in F. W. Woolworth Co. v. Wilson, 5 Cir., 74 F.2d 439 (1934), the Court said:

“Sympathy for suffering and indignation at wrong are worthy sentiments, but they are not safe visitors in the courtroom, for they may blind the eyes of Justice. They may not enter the jury box, nor be heard on the witness stand, nor speak too loudly through the voice of counsel.”

See 75 Am.Jur.2d, Trial § 781.

Jurors are expected to apply common sense and experience in making the findings essential to justice, but justice is not done if a juror simply places himself in the position of an injured party. Our system demands of jurors a prudent, disinterested evaluation of the evidence, not an emotional identification with a party. Indeed, neither the rules of evidence nor other legal guidelines would have much meaning if subjective judgments were the tests for persuasion. Fairness to all parties is the duty of jurors, as well as judges, and that is difficult to achieve under the best of circumstances. And our best chance of realizing that high hope is through the application of uniform standards governing the admission of evidence and the rules which the jury must follow in considering it. A plea for sympathy is, in essence, an appeal to abandon such standards and, necessarily, it must be rejected.

We approve for Delaware the general rule stated in 53 Am.Jur., Trial § 496:

“It is, . . ., improper for counsel to appeal to the sympathy of the jury, either directly or indirectly, as, for example, by asking the jury, in a personal injury action, to put themselves in the plaintiff’s place, if they would go through life in the condition of the injured plaintiff . . . .”

[*180] See Annot., Argument-Taking Position of Litigant, 70 A.L.R.2d 935.

We agree with the Superior Court that this rule was violated and it follows that a new trial must be had. But, in our judgment, the comments were so inextricably intertwined with the evidence on the issue of liability that fairness requires that the trial cover that issue as well. As this Court observed in Chrysler Corporation v. Quimby, Del.Supr., 1 Storey 264, 144 A.2d 123, 139 (1958),

“[T]he guiding principle in reaching a decision [on whether to limit a new trial to damages only] is the determination of whether the jury, in awarding damages, has been or may be influenced by the circumstances giving rise to the liability.”

The facts here fall within the “may have been” aspect of the rule and, hence, a fragmented trial would not serve the interests of justice.

* * *

Reversed and remanded for proceedings consistent herewith.

1

. The pertinent argument made by counsel to. the jury was as follows:

“Looking at the aftermath of this thing— I don’t know what to call it — look at the extent of the injuries sustained. Try to imagine, if you can, what it will he like to have only one eye for the rest of your life. It is difficult for you to do. Try to imagine, if you can, from the condition of Mr. Dixon, as shown by these photographs, the amount of pain that this man had to suffer while he went through this experience. Try to imagine the fright, and the anxiety, and fear, that he would have had during that experience, and also subsequent to that when it was learned that he was totally blind in his right eye, and when he further learned that there was no hope of the sight ever being restored in that eye, that he would have to live out the rest of his life with one eye.
Mr. Dixon has told you some of the activities he can no longer engage in. Mr. Dixon’s wife has told you other activities which they used to enjoy and no longer enjoy as a result of his not being able to see out of his right eye.

[*179] Try to imagine, if you can, what activities you engage in that you would not he able to engage in without your right eye. Mr. Dixon has been seen by several doctors because of his injury. Mr. Dixon has testified he has lost his depth perception, which is a result of having only one eye. Depth perception is something that all of us use unconsciously. Try to imagine, if you can, what the loss of depth perception in doing work could mean to you. Mr. Dixon has testified that it now takes him quite longer to do the same job because of this loss of depth perception.”

2

. Bullock v. Branch, Fla.App., 130 So.2d 74 (1961); Colgan v. Raymond, 275 Minn. 219, 146 N.W.2d 530 (1966); Copiah Dairies Inc. v. Addkison, 247 Miss. 327, 153 So.2d 689, 694 (1963); Faught v. Washam, Mo., 829 S.W.2d 588, 602 (1959); Boyd v. Pernicano, 79 Nev. 356, 385 P.2d 342, 343 (1963); Jackson v. Southwestern Public Service Co., 66 N.M. 458, 349 P.2d 1029, 1040 (1960); Roth v. Jelden, 80 S.D. 40, 118 N.W.2d 20 (1962); Phillips v. Fulghum, 203 Va. 543, 125 S.E.2d 835 (1962).