Wilson v. Donegal Mutual Insurance

I would grant a new trial on the ground that the trial court erred in failing to declare a mistrial after Appellee’s counsel intentionally introduced evidence of Appellant’s refusal to take a polygraph examination upon the request of Donegal Mutual’s attorney.

Although the majority holds that the testimony elicited concerning Appellant’s refusal to take a polygraph was irrelevant,1 nevertheless, it finds that a new trial is not warranted for the reason that there was no reference to the test results. The majority also distinguishes the recent Quigley decision from the instant case on the basis…