Legal Opinion

Breen v. Gardner

Court of Civil Appeals of Oklahoma

Decided May 6, 2011No. 106,378. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2Published

1Opinion of the Court

JOHN F. FISCHER, Vice Chief Judge.

{1 Defendant Courtney Gardner appeals the district court's denial of his motion for a mistrial and his motion for a new trial in Lawrence Breen's automobile negligence case. Gardner argues that the district court erred as a matter of law in denying a mistrial after the investigating highway patrol trooper testified that his investigation involved "taking down information, the driver's license and insurance on the accident." We affirm the decisions of the district court.

BACKGROUND

T2 In May 2006, Breen filed suit alleging Gardner negligently collided with his…

2Cases cited15 opinions

  1. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  2. Hamid v. Sew OriginalSupreme Court of Oklahoma · 1982
  3. Holland v. Board of County CommissionersColorado Court of Appeals · 1994
  4. Dominion Bank of Middle Tennessee v. MastersonSupreme Court of Oklahoma · 1996
  5. Jordan v. General Motors Corp.Supreme Court of Oklahoma · 1979

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