St. Pierre v. Houde

269 A.2d 538 (Me. 1970)

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Nature of the Case

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Facts

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.