Wainer v. Banquero

DELL, Judge.

Cynthia Wainer appeals the trial court’s denial of her motion for mistrial and the subsequent order denying her motion for a new trial based on statements made by Aida Banquero during trial. Appellant argues that Mrs. Banquero’s remarks prejudiced the jury and deprived her of a fair trial. We agree.

Appellant claimed that she sustained personal injuries when she was rear-ended by a motor vehicle driven by Mrs. Banquero and owned by her husband, Ernesto Banque-ro. At trial, appellant testified that she had been driving in the same lane for approximately four traffic signals and was…