The "I" word at trial -- automatic mistrial?
In Breen v. Gardner, the Oklahoma Court of Civil Appeals affirmed the denial of a motion for mistrial after the investigating officer testified that he checked drivers licenses and insurance at the scene of a car wreck. The court reasoned that since Oklahoma law requires compulsory insurance, the jury would not be surprised that the officer checked insurance at the scene. Further, there was no evidence as to whether any party had insurance. Thus, the mere mention of insurance by the officer did not warrant a mistrial.
In addition, the defendant claimed that the jury was unduly influenced by the word insurance because it awarded $170,000 based on $3,300 in medical bills. But, because the record was insufficient to support this argument, this claim did not warrant a new trial, either.
