Lyerly v. Phillips

Birdsong, Chief Judge.

Thi Hanh Phillips sued Nancy Lyerly for damages arising out of an auto collision. Lyerly counterclaimed. Each party at trial vigorously asserted that the other’s vehicle had strayed into her lane. The jury awarded plaintiff Phillips $30,000 compensatory damages and $25,000 punitive damages against Nancy Lyerly, who was awarded nothing on her counterclaim. Lyerly asserts five errors. Held:

1. We reverse this verdict for the admission of certain hearsay, non-probative testimony implying or raising a question of criminal activity by Lyerly in obtaining prescription drugs…