The appellant insurer appealed a jury trial judgment, arguing the trial judge erred in dismissing two motions for a mistrial due to plaintiff's counsel's conduct during cross-examination and closing address.
The appellant also challenged the award of 2% per month interest on overdue payments.
The Court of Appeal dismissed the appeal, finding the trial judge gave clear and appropriate instructions to the jury to cure any prejudice.
The Court also upheld the 2% interest rate, noting that the 2010 Statutory Accident Benefits Schedule preserved the substantive right to the former interest rate for accidents occurring before its effective date.
