Legal Opinion · Concurrence

Martinez v. Teague

New Mexico Court of Appeals

Decided April 2, 1981No. 4750Published

1ConcurrenceSutin, Judge

(Specially concurring).

I specially concur.

A. Mention of “the insurance company” in a doctor’s report does not warrant a mistrial.

In the course of the cross-examination of defendant’s psychiatrist, plaintiff read a portion of a report” of a non-witness doctor which included the following:

“She felt that she was pressed into getting an attorney, but even this relationship was marred by a great deal of lack of trust on her part where she felt her attorney was siding with the insurance company and employing a variety of delaying tactics.” [Emphasis added.]

Defendant objected to the question and…

2Cases cited15 opinions

  1. Chavez v. ChenowethNew Mexico Court of Appeals · 1976
  2. Transwestern Pipe Line Company v. YandellNew Mexico Supreme Court · 1961
  3. Proper v. MowryNew Mexico Court of Appeals · 1977
  4. Bender v. WelshSupreme Court of Pennsylvania · 1942
  5. State Highway Commission v. BeetsSouth Dakota Supreme Court · 1974

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