Klein v. State Farm Mutual Automobile Insurance

Since the order appealed from granted a mistrial only after the verdict had been returned by the jury, we deem it in substance to be an order granting a new trial for prejudicial remarks of counsel made during the course of argument to the jury. In so holding we do not wish to imply any criticism of the trial court; instead, it is to be commended for withholding its ruling on the motion for mistrial, since the trial had progressed to the point where all the evidence was in, until the jury returned its verdict.

The sole issue on this appeal is whether the trial court abused its discretion in…