Missouri Court of Appeals, Eastern District / May 30, 2023
Anastasia Collier, Respondent, vs. Andrea Steinbach, Appellant.
Anastasia Collier sued Andrea Steinbach for negligence following a motor vehicle accident. After a second trial, the jury found for Collier but assessed 15% fault to her. The trial court then granted Collier's motion for a new trial, finding an improper closing argument by Steinbach's counsel warranted a mistrial, despite Collier having declined a mistrial at trial. The appellate court reversed the order granting a new trial, holding that the trial court abused its discretion because Collier waived any claim of prejudice by declining the offered mistrial and receiving all requested relief, and the jury's verdict was supported by substantial evidence.