Boller v. Cofrances

166 N.W.2d 129 (1969)

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Nature of the Case

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Facts

An auto accident occurred on May 23, 1965. Buller and his passenger Catherine Case were both killed in the accident. At trial, Mrs. Buller (P and widow) was asked if she were aware of the affair her husband was having with Catherine Case; this going to the scope of losses entitled by the widow and for impeachment of prior testimony by P. P's counsel objected and that was sustained, and the jury was admonished to disregard the question. The verdict went against P because the jury assessed the negligence of each driver at 50%. P appealed claiming that a new trial was warranted because the asking of an allegedly improper question indelibly prejudiced the jury.