Andresen v. Kirschner

During the trial of this personal injury action, defense counsel, on cross-examination, elicited from plaintiff testimony admitting that he had previously asserted a claim based on the same motor vehicle accident against Kevin Leeks, who is not a party to this action, and had settled that claim. Although plaintiffs’ counsel successfully objected to inquiry into the amount of the settlement, no objection was made to the line of inquiry seeking to establish the fact of the settlement with Leeks. Nor did plaintiffs’ counsel make any effort, prior to verdict, to have the testimony concerning the…