Attorney misconduct in closing; Badiee v Brighton Area Sch; Golden-rule violation; May v Parke, Davis & Co; Curative instructions; Unfair prejudice; MRE 403; Judicial notice & bias; Waiver; Joint & several liability; Nuisance damages

Holding that no reversible error occurred and that the nuisance damages verdict stood, the court affirmed. Plaintiff-neighbor obtained a $45,000 verdict against defendants-brothers for nuisance. The judgment imposed joint and several liability. On appeal, the court rejected the claims by one of the defendants of attorney misconduct, noting counsel’s isolated comments (e.g., “put yourself in this position”) were cured because the trial court instructed the jury “closings are not evidence” and jurors were also told not to let “sympathy or prejudice” influence them. In addition, defendant’s challenges to judicial comments failed under the raise-or-waive rule. In any event, remarks such as “women are smarter” were innocuous. Defendant further waived objections to the verdict form and joint and several liability by approving the instructions and the form. Counsel told the court, “we’re good.” Finally, the damages challenge failed as the record showed destroyed landscape timbers and an heirloom bench, security costs, anxiety, and moving, which was adequate proof where “‘the adequacy of the amount of damages awarded is ordinarily within the province of the jury[.]’”