State Farm Mutual Automobile Insurance Co. v. Swindoll

State Farm Mutual Automobile Insurance Company appeals an order assessing attorney’s fees against it as a sanction for a mistrial caused by its expert witness, Dr. Stephen Wender. Finding that there is no evidence, and no finding, of bad faith on the part of State Farm itself, we reverse the order. We do so without prejudice, however, to the appellee’s right to seek the imposition of such a sanction against Dr. Wender personally.1 In the event that such a motion is made after remand, Dr. Wender must be afforded an opportunity to present evidence in defense of his actions and any legal…