The legal issues presented in this case will be displayed here.

This section contains the nature of the case and procedural background.

P's action for recovery of damages suffered in an auto accident resulted in a jury verdict of $5,000. Liability was admitted, and the trial was for damages only. During jury argument, counsel for D stated that if they, the jury, found D liable she will have to pay the damages out of her own pocket.... P's attorney then interrupted and entered an objection; the statement was not the truth and that it was improper to suggest to the jury that D did not have insurance; D was covered by liability insurance. The trial judge determined that a jury instruction would not correct the problem and then permitted D the chance to retract the statement and D's counsel refused to do so and then the judge ruled that P can have a mistrial or state the true fact to the jury. P elected to tell the jury the truth and did so. D objected. D then moved for a mistrial, and that motion was denied because D opened the door. This appeal resulted.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.