Charter v. Chleborad
United States Court of Appeals for the Eighth Circuit
551 F.2d 246 (8th Cir. 1977)
The plaintiff, who had both legs amputated after complications from surgery, sued his surgeon (defendant) for medical malpractice. At trial, defense witness John Alder, an attorney, admitted on cross-examination that some of his clients were insurance companies in malpractice cases, but the trial court sustained an objection when the plaintiff tried to ask which companies specifically. The jury found for the defendant. In a new-trial motion, the plaintiff revealed that one of Alder's clients was the very insurance company defending the surgeon; the trial court denied a new trial, and the plaintiff appealed.
Whether evidence of the existence of a witness's relationship with a party's liability insurer is admissible to show bias, even though such evidence is generally inadmissible to prove negligence.