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

A train and car collision occurred at a railroad crossing. The car was driven by Dennis, and his wife, Kathy Taylor (P) was the passenger. Southern (D) owned the train. Kathy died, and P filed suit for negligence. P had been married only two months. Before trial, P moved in limine to prevent D from mentioning P’s remarriage. That motion was granted. When the order was violated P moved for a mistrial and sanctions. The jury found the operating of the train Biggerstaff (D) not liable and found for P against Southern (D) for $7000 in compensatory and $200 in punitive damages. P’s motion for a new trial was granted. This appeal eventually resulted.

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