Somach v. Norris

MADDOX, Justice.

The question presented is whether the defendant is entitled to a new trial because of the injection into the case of the fact that the defendant had insurance. We find prejudicial error and reverse.

The matter first arose when the defendant’s attorney sought to cross-examine the plaintiff about a statement contained in a letter which plaintiff’s doctor had furnished to plaintiff’s attorney, but which plaintiff denied having seen:

“MR. PHELPS: Now, Mrs. Norris, I show you a medical report that is marked Defendant’s Exhibit 2, dated November 10, 1975. And that is addressed to your…