Yes they can, in the opening and closing statements. Jury is instructed that opening and closing statements aren't evidence, but it can be said. Read page 9-10 Civil Minute order. Outline of trial.

http://agoracom.com/ir/patriot/forums/discussion/topics/586570-another-htc-pacer-civil-minute-order-9-20-13/messages/1840164#message