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BREEN v. GARDNER

No. 106,378. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

261 P.3d 617 (2011)

2011 OK CIV APP 58

Lawrence BREEN, Plaintiff/Appellee, v. Courtney C. GARDNER, Defendant/Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

May 6, 2011.

Attorney(s) appearing for the Case

Alan R. Carlson , Kevin R. Carlson , Garrison, Brown, Carlson & Buchanan, PLLC, Bartlesville, Oklahoma, for Plaintiff/Appellee.

Mark A. Warman , Wilkerson, Wassall & Warman, Tulsa, Oklahoma, for Defendant/Appellant.

Thomas D. Hird , Oklahoma City, Oklahoma, for Amicus Curiae Oklahoma Association of Defense Counsel.

John L. Harlan , Harlan Law Firm, Sapulpa, Oklahoma and Rex Travis , Oklahoma City, Oklahoma, for Amicus Curiae the Oklahoma Association for Justice.

JOHN F. FISCHER, Vice Chief Judge.

¶ 1 Defendant Courtney Gardner appeals the district court's denial of his motion for a mistrial and his motion for a new trial in Lawrence Breen's automobile negligence case. Gardner argues that the district court erred as a matter of law in denying a mistrial after the investigating highway patrol trooper testified that his investigation involved "taking down information, the driver's license and insurance on the accident....

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