Williams v. Casualty Reciprocal Exchange

LAURA DENVIR STITH, Presiding Judge.

Casualty Reciprocal Exchange (Casualty) appeals from a jury verdict in the amount of $40,000 in favor of Marcus Dwane Williams. Casualty is the uninsured motorist carrier for Mr. Williams’ employer and raises two points on appeal. First, Casualty argues the trial court erred in permitting plaintiff to argue an adverse inference based on Casualty’s failure to call a medical doctor to testify on issues relevant to damages. We agree that the doctor was equally available and thus the trial court erred in permitting plaintiff to argue the inference. We find,…