O Connor v. GeorgeAnnotate this Case
Plaintiff brought this negligence action for injuries she allegedly sustained her her vehicle was rear-ended by a vehicle driven by Defendant. After a trial, the jury returned a general verdict in favor of Plaintiff, awarding her $3,665 in total damages. Plaintiff filed a motion for a mistrial and for a new trial, arguing that she was prejudiced by Defendant’s failure to disclose that some of Defendant’s photographic evidence depicted damage from a separate accident. The Supreme Court agreed with Plaintiff and reversed, holding that defense counsel’s misrepresentation regarding the photographs constituted an irregularity in the proceeding and deprived Plaintiff of a fair trial.