What is the test for a motion for mistrial in a personal injury case?

California, United States of America


The following excerpt is from People v. Greene, D074166 (Cal. App. 2019):

" 'Juries often hear unsolicited and inadmissible comments and in order for trials to proceed without constant mistrial, it is axiomatic the prejudicial effect of these comments may be corrected by judicial admonishment.' " (People v. McNally (2015) 236 Cal.App.4th 1419, 1428-1429.) " 'It is only in the exceptional case that "the improper subject matter is of such a character that its effect . . . cannot be removed by the court's admonitions." ' " (Id. at p. 429.) Thus, a motion for mistrial should be granted "only when a party's chances of receiving a fair trial have been irreparably damaged." (People v. Bolden (2002) 29 Cal.4th 515, 555.)

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