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Dunn v. Riley

12/1/2004

tely followed by the trial judge's curative instruction. Riley's second improper reference to the (non)severity of the impact came during his cross examination, after Dunn's counsel repeatedly asked whether Riley "hit" the back of Dunn's vehicle, to which Riley responded that he "tapped" the vehicle. Although no curative instruction was given at that point, the trial court's final jury instructions again warned the jury to disregard that comment. Riley made only two brief references to the severity of the crash. In short, the trial court addressed any potential prejudice in two separate jury instructions. Given those circumstances, Dunn has not shown prejudice that was so substantial at to warrant a new trial. If there was any prejudice, it was cured by the trial judge's jury instructions.


Conclusion


For the foregoing reasons, the judgment of the Superior Court denying Dunn's motion for a new trial is affirmed.






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