The appellants appealed an order granting a mistrial in a motor vehicle accident damages trial.
The trial judge ordered a mistrial after finding that the cumulative effect of inflammatory comments made by the appellants' trial counsel during closing arguments impaired trial fairness and could not be cured by a correcting instruction.
The trial judge also declined to decide the issue of damages herself, preserving the respondents' right to a jury trial.
The Court of Appeal dismissed the appeal, deferring to the trial judge's assessment of the impact of counsel's statements and her decision to order a mistrial.
