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215 Va. 407

Davis v. Maynard

Supreme Court of Virginia

Decided January 20, 1975

Supreme Court of Virginia · decided 1975-01-20

Key passage — most relied on by later courts

“In actions to recover damages for personal injuries we have held that an inadvertent reference to insurance coverage is harmless error if it appears that the parties have had a fair trial on the merits and substantial justice has been done. In contrast, we have held that it is reversible error not to grant a mistrial where the reference to insurance is deliberate and for improper purposes.”

quoted by 1 later decision, including Forsberg v. Harris

Relies on Simmons v. Boyd · Travelers Insurance Company v. Lobello · Irvine v. Carr

Good law ✅— No negative treatment on recordhow we know

Decided 1975-01-20

How this case has been cited

Cited by 9 later decisions — most recently September 2004

9 state decisions

401975198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 The question presented on this appeal is whether the trial court erred in not declaring a mistrial in an action for personal injuries when plaintiffs counsel, during his voir dire examination of a juror, indicated to the jury that the defendant had insurance coverage.

¶2 The record shows that counsel for Joyce Annette Maynard, plaintiff, in examining the jury on their voir dire asked if any of them knew defendant’s counsel. He then singled out juror Gomer Evans, who was well known to him, and asked the extent of his acquaintance with defendant’s counsel. Evans stated that he knew defendant’s counsel because he was associated with the law firm that represented the compensation company for whom Evans used to work. Plaintiff’s counsel pursued the matter and established that Evans had worked in the compensation department of an underwriting company eight years earlier and that defendant’s counsel was associated with a law firm which represented insurance carriers.

¶3*408 Evans was asked if his “employment with that company of underwriters” would affect his partiality in the case, to which he responded that it would not.' Finally, under continuous questioning by plaintiffs counsel, Evans stated that a member of plaintiffs counsel’s law firm had represented him on a personal matter, and plaintiff’s counsel remarked, “I am sure we never did represent [insurance] underwriters.”

¶4 In actions to recover damages for personal injuries we have held that an inadvertent reference to insurance coverage is harmless error if it appears that the parties have had a fair trial on the merits and substantial justice has been done. Simmons v. Boyd, 199 Va. 806, 812-13, 102 S.E.2d 292, 296-97 (1958); Irvine v. Carr, 163 Va. 662, 667, 177 S.E. 208, 211 (1934). In contrast, we have held that it is reversible error not to grant a mistrial where the reference to insurance is deliberate and for improper ■purposes. Travelers v. Lobello, 212 Va. 534, 535, 186 S.E.2d 80, 82 (1972); Hope Windows v. Snyder, 208 Va. 489, 493, 158 S.E.2d 722, 725 (1968).

¶5 The obvious purpose and effect of the detailed examination of Evans by plaintiff’s counsel were to inform the members of the jury panel that the defendant had insurance coverage. Since this action was deliberate, the motion for a mistrial should have been granted.

¶6 The judgment entered for the plaintiff is reversed, the jury’s verdict is set aside, and the case is remanded for a new trial.

¶7 Reversed and remanded.

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