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Ede v. Atrium South Ob-Gyn, Inc.

Supreme Court of Ohio

642 N.E.2d 365 (1994)

Relevant factsFree

Charles Ede (plaintiff) sued Dr. Dakoske and Atrium South OB-GYN (defendants) for negligence causing his wife's death after surgery; at trial, the judge excluded evidence that Dakoske's expert witness, Dr. Schneider, shared the same malpractice insurer as Dakoske, reasoning the evidence's prejudicial effect outweighed its value in showing possible coercion. The jury found for the defendants, and Ede appealed, arguing the shared insurer was relevant to show Schneider had a financial incentive, through his own future premiums, to testify favorably for Dakoske.

IssueFree

Whether, in medical malpractice actions, evidence that both the defendant and the defendant's expert witness are insured by the same company is more probative of possible bias than prejudicial to the defendant.

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