Knoll v. Allstate Fire & Casualty Insurance

RUSSEL, Judge.

A recording device has failed, depriving us of a trial transcript. Should we order a new trial and have the parties start over? No, we should not. A new trial is warranted only if the appellant satisfies a three-part test, and that did not happen here.

I. Nature of the Case

Karina Knoll appeals the trial court’s judgment in favor of Allstate Fire and Casualty Insurance.

Knoll sued Allstate to collect uninsured motorist benefits for damages allegedly incurred in a hit-and-run accident. The parties tried the case to the court. Instead of hiring their own court reporter (which is…