Margaret L. Pollard v. Metropolitan Life Insurance Company

598 F.2d 1284, 1979 U.S. App. LEXIS 14826, 4 Fed. R. Serv. 942
CourtCourt of Appeals for the Third Circuit
DecidedMay 8, 1979
Docket78-1934
StatusPublished
Cited by34 cases

This text of 598 F.2d 1284 (Margaret L. Pollard v. Metropolitan Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Margaret L. Pollard v. Metropolitan Life Insurance Company, 598 F.2d 1284, 1979 U.S. App. LEXIS 14826, 4 Fed. R. Serv. 942 (3d Cir. 1979).

Opinions

OPINION OF THE COURT

WEINER, District Judge.

The appellant in this diversity case seeks to overturn a jury verdict rendered in favor of the defendant, the Metropolitan Life Insurance Company. The jury found that the appellant was not entitled to recover accidental death insurance benefits under two policies covering her deceased husband. The trial judge entered judgment for the defendant, and denied the appellant’s motion for a new trial. Upon review of the evidentiary rulings and jury instructions which have been attacked by the appellant, we conclude that no error was committed by the court below. Accordingly we affirm the judgment and the denial of appellant’s motion for a new trial.

The record shows that on October 7, 1974, the appellant’s husband, Walter Pollard, a resident of Greensburg, Pennsylvania, was in Hampton, South Carolina for a business conference. He and his co-workers were assigned separate bedrooms at the Micarta Lodge, which was owned by their employer, the Westinghouse Electric Corporation. That evening, Mr. Pollard and several other employees dined at a restaurant that served alcoholic beverages. After dinner, Pollard and his co-workers returned to the Lodge where, after a short time, Pollard’s speech became slurred and he stumbled when attempting to rise from his seat. Believing that Pollard was drunk, two co-workers escorted Pollard to his room and placed him on his bed fully clothed. The next morning, Pollard was found dead in his room.

A necropsy report indicated that Pollard died as a result of asphyxia due to aspiration of his gastric contents caused by acute alcohol and drug intoxication.1 The report also showed enlargement and fatty degeneration of his liver, and mild to moderate atherosclerosis.

The decedent was insured by the defendant, the Metropolitan Life Insurance Co., under two group insurance policies providing for benefits upon accidental death. Under the terms of the policies, in order to recover, death must have occurred to the insured, “solely by violent, external and accidental means”. Both policies contain a clause which bars payment of death benefits when death is caused by or results from “intentional self-destruction or intentionally self-inflicted injury while sane or insane”. Citing the ingestion of alcohol and tranquilizers by the decedent, and the enlargement and fatty degeneration of the decedent’s liver, the defendant refused to pay Pollard’s widow the death benefits provided by the policies.

At trial, the appellant sought to introduce into evidence the death certificate, coroner’s certificate (cause of death memorandum) and pathologist’s (necropsy) report. Her first ground for reversal is that the trial judge erred when he ruled that the documents would be admitted into evidence only if statements contained within them, which declared that the death was accidental, [1286]*1286were excised.2 It was ostensibly because of this limitation that the appellant ultimately decided not to present the documents to the jury. (Tr. 430).

We must first determine which body of law is looked to when deciding whether the limitation imposed on the admissibility of the documents was erroneous. The appellant asserts that since Pennsylvania law governs the rights of the parties under the insurance contract, Pennsylvania evidentiary law is controlling with regard to the admissibility of the death certificate. She also contends that along with the Federal Rules of Evidence, Pennsylvania law is looked to with regard to the admissibility of the coroner’s certificate and pathologist’s report. The appellee maintains that the Federal Rules of Evidence control these evidentiary issues.

We hold that the Federal Rules of Evidence govern the admissibility of documentary evidence in Federal diversity cases.3 Kingsley v. Baker/Beech-Nut Corp., 546 F.2d 1136, 1140 (5th Cir. 1977); Conway v. Chemical Leaman Tank Lines, Inc., 525 F.2d 927, 930 (5th Cir. 1976). See United Telecommunications v. American Tel. & Communications Corp., 536 F.2d 1310, 1316 (10th Cir. 1976). The rules were enacted by Congress to “govern proceedings in the courts of the United States”. Rule 101. While the rules do show a desire by Congress to defer to state law in diversity cases on such matters as presumptions (Rule 302), privileges (Rule 501) and competency (Rule 601), there is no similar deference concerning the admissibility of documentary evidence.

The law is well settled that we are to review a trial judge’s discretionary determination using the “manifestly erroneous” standard. Atlantic Mutual Insurance Co. v. Lavino Shipping Co., 441 F.2d 473 (3d Cir. 1971); United States v. Lopez, 543 F.2d 1156, 1158 (5th Cir. 1976) cert. denied, 429 U.S. 1111, 97 S.Ct. 1150, 51 L.Ed.2d 566 (1977). An examination of the record indicates that the limitation imposed on the admission of the documents did not violate the Federal Rules of Evidence. Under Rule 403, a trial judge can exclude relevant evidence “if its probative value is substantially outweighed by the danger of unfair prejudice . .

The following factors support our conclusion that the trial judge’s ruling was not “manifestly erroneous”. The death certificate and coroner’s certificate report describe the cause of death as asphyxia due to aspiration of gastric contents due to acute ethanol intoxication, and conclude that death was accidental. However, the probative value of these documents undoubtedly was slight, because they were prepared pri- or to October 16, 1974, when the toxicologist’s report was completed.4 Moreover, Dr. Brissie, the consulting pathologist who assisted in the preparation of the necropsy report, testified that he did not serve as a medical examiner for the coroner. He also testified that in view of the information added by the toxicologist’s report, he certainly would amend the cause of death form. (Tr. 207-209)

To be balanced against the probative value is the evidence’s prejudicial effect. Dr. Brissie testified that he was neither requested to investigate this death, nor informed of the precise language of the acci[1287]*1287dental death provision of the policy. (Tr. 209-210). It is apparent that if the documents had been freely admitted into evidence, without limitation on content, the jury would have been misled into believing that the documents were based on a comprehensive investigation grounded on complete information and that Dr. Brissie’s conclusion as to the manner of death took into consideration the language used in the policy-

In addition, it must be noted that the coroner is required to make a determination regarding the cause of death.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blake v. SOUTHCOAST HEALTH SYSTEM, INC.
206 F. Supp. 2d 174 (D. Massachusetts, 2002)
Tu v. Mutual Life Ins Co
First Circuit, 1998
Holbrook v. Lykes Bros. Steamship Co.
80 F.3d 777 (Third Circuit, 1996)
Grace A. Holbrook, Administratrix of the Estate of John P. Holbrook v. Lykes Bros. Steamship Co., Inc. Marine Transport Lines Inc. Puerto Rico Marine Mgmt., Inc. Sea-Land Service, Inc. Second Shipmor Associates v. The Babcock & Wilcox Company Combustion Engineering, Inc. Foster-Wheeler Energy Corporation the General Electric Co. Keene Corporation, Independently and as Successor in Interest to Ehret Magnesia Manufacturing Company, Baldwin-Hill Company and Baldwin-Ehret-Hill, Inc. Owens-Corning Fiberglas Corp. Pittsburgh Corning Corporation Anchor Packing Company Ac & S, Inc. Flexitallic Gasket Company, Inc. Garlock, Inc. Owens-Illinois Glass Company Armstrong World Industries, Inc. Hopeman Brothers, Inc. Shook & Fletcher National Gypsum Corp. Gaf Corporation, Third Party Grace A. Holbrook, Administratrix for the Estate of John P. Holbrook v. Acands, Inc. American Asbestos Products Co. Anchor Packing Co. A.P. Green Refractories Company Armstrong World Industries, Inc. Asarco Asbestospray Corporation Asbestos Textile Company B.F. Goodrich Co. Caroline Asbestos Company Certainteed Corp. Colts Patent Firearms Mfg. Co. Combustion Engineering, Inc. John Crane-Houdaille, Inc. Dar Industrial Products, Inc. Fibreboard Corporation Flexitallic, Inc. Foster Wheeler Company Gaf Corporation Garlock, Inc. Gatke Corp. General Electric Co. General Insulating and Mfg. Co. Goodyear Tire and Rubber Company Imo Delaval, Inc. Kaiser Cement & Gypsum Keene Corporation National Manufacturing Sales Owens-Corning Fiberglas Corp. Owens-Illinois, Inc. Philadelphia Asbestos Company Ppg Industries Pabco Products Pittsburgh Corning Corporation Turner & Newall Plc. Union Carbide Chemicals & Plastics Co., Inc. U.S. Gypsum Company U.S. Rubber Company Westinghouse Electric Corp. Acmc, F/k/a National Gypsum Company Appeal of Grace Holbrook, Administratrix for the Estate of John P. Holbrook
80 F.3d 777 (Second Circuit, 1995)
Straley v. United States
887 F. Supp. 728 (D. New Jersey, 1995)
Schulz v. Celotex Corporation
942 F.2d 204 (Third Circuit, 1991)
Schulz v. Celotex Corp.
942 F.2d 204 (Third Circuit, 1991)
Corlett Ex Rel. Estate of Bishop v. Smith
763 P.2d 1172 (New Mexico Court of Appeals, 1988)
Salas v. Wang
846 F.2d 897 (Third Circuit, 1988)
Salas ex rel. Salas v. Wang
846 F.2d 897 (Third Circuit, 1988)
Dawsey v. Olin Corp.
782 F.2d 1254 (Fifth Circuit, 1986)
Lazovick v. Sun Life Insurance Co. of America
586 F. Supp. 918 (E.D. Pennsylvania, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
598 F.2d 1284, 1979 U.S. App. LEXIS 14826, 4 Fed. R. Serv. 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margaret-l-pollard-v-metropolitan-life-insurance-company-ca3-1979.