Shalley v. Fiore

BARKDULL, Chief Judge.

The appellant was defendant in the trial court and appeals from an adverse final judgment rendered upon a jury verdict, finding the appellant liable to the appellee-plaintiff for negligent conduct resulting in personal injury to the appellee. The gist of the injury sustained by the appellee was an injury to her back.

During the course of the cross-examination of the appellee-plaintiff, counsel on behalf of the appellant attempted to elicit information from her relative to prior statements [made in a divorce proceeding], wherein she had indicated an earlier injury to her…