Hankins v. Hall, 176 Okla. 79

Summary

The Oklahoma Supreme Court considered whether a plaintiff's witness improperly informed the jury that a person who obtained a statement from him was affiliated with an insurance company. The court held that the reference was irrelevant and prejudicial, that the instruction to disregard it did not cure the prejudice, and reversed and remanded for a new trial.

Holdings

1. In an action for wrongful death or personal injury, an irrelevant reference to the defendant's liability insurance is ordinarily highly prejudicial, and when the reference is properly preserved by timely objection and motion, the failure to grant a mistrial constitutes reversible error.
2. A trial court's instruction directing the jury to disregard an improperly injected liability-insurance reference does not cure the prejudice ordinarily resulting from the reference.

Questions Presented

1. Whether an improper reference to defendants' liability insurance during a wrongful-death trial was presumptively prejudicial and required a mistrial and new trial.
2. Whether a curative instruction directing the jury to disregard the insurance reference cured the resulting prejudice.

Disposition

reversed_and_remanded