Second Department Affirms Granting of Mistrial Over Plaintiff's Repeated References to Lack of Medical Insurance

In Peters v. Wallis, the trial court granted a motion to set aside a jury verdict against the defendant as contrary to the weight of the evidence, declared a mistrial and directed a new trial on the issue of liability.  On appeal, the Second Department modified to deny the motion setting aside the jury verdict, but the Court affirmed the mistrial on the finding that plaintiff's repeated references to her lack of medical insurance at the time of the accident may have influenced the jury.