Halbman V. Farmers Insurance Group

¶1 Mark Halbman appeals from an order declaring a mistrial of his first trial in this personal injury matter and from an order dismissing his future earnings loss claim. We determine that: (1) the trial court did not erroneously exercise its discretion in declaring the mistrial; (2) the trial court's dismissal of the future loss claim was appropriate based upon the lack of sufficient evidence presented by Halbman at his first trial and the fact that Halbman should not be allowed to benefit from his and his counsel's own conduct which was the cause of the mistrial; and (3) the trial court's conduct of the proceedings did not demonstrate bias against Halbman. We affirm.