Bott v. Wendler

Counsel for the Wendlers by persistent suggestive questions put to witnesses during the trial deliberately injected before the jury the fact that the Botts were covered by liability insurance, thereby prejudicially affecting their right to a fair trial by an impartial tribunal. By reason thereof the trial court should have granted the Botts’ motion for a mistrial.

This case takes on added significance when the trial strategy indicated by the record is disclosed. The three consolidated cases were tried and argued on appeal by H. Lee Turner of Great Bend, Kansas, and Evart Mills of McPherson,…