REDMAN v. McDANIEL

REDMAN v. McDANIEL

Opinion

 [**501]  JACKSON, Justice.  [*P1]  This action was instituted in the trial court by Delbert A. McDaniel, as plaintiff, against W. H. Redman and Virgil Nichols, as defendants, for personal injuries sustained by plaintiff when plaintiff's vehicle collided with a vehicle owned by the defendant, Redman, at a highway intersection in Kingfisher County, Oklahoma. From verdict and judgment for plaintiff, defendants appeal. The parties will be given their trial court designations.

 [*P2]  In defendants' first proposition for reversal it is asserted that the trial court erred in refusing to grant the defendants' motion for a mistrial based upon the repeated reference to insurance made by counsel for the plaintiff in the course of the voir dire examination.

 [*P3]  In pre-trial conference the trial judge sought to determine whether plaintiff's counsel would inquire of prospective jurors as to whether they were interested in any type of insurance. At that time plaintiff's counsel stated that he had not made any decision on that point but was of the opinion that if he asked any questions in this regard they would relate to whether any members of the jury were interested [***3]  in writing public liability insurance, or any type of insurance. Counsel for defendants insisted that the rule in Safeway Cab Service Co. v. Minor, infra, should be followed and stated that a motion for mis-trial would be made if plaintiff mentioned anything about insurance in voir dire examination. Although the trial judge indicated a desire to have some agreement reached in pre-trial conference as to the procedure to be followed, it does not appeal from the record that the problem was settled.

 [*P4]  In Lee v. Swyden, Okl., 319 P.2d 1009, decided December 24, 1957, and subsequent to the trial of the instant case, the plaintiff sought by motion to interrogate prospective jurors concerning their interest, if any, in the Oklahoma Farm Mutual Insurance Company and whether they, or any member of their families, carried a policy of insurance in that company. The trial court overruled that motion and stated that he would follow the rule announced in Safeway Cab Service Co. v. Minor, 180 Okl. 448, 70 P.2d 76. In that case we approved the action of the trial court and held that there was no error in the action of the trial court.

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