Pattillo v. Sanchez

614 So. 2d 443, 1993 Ala. LEXIS 270, 1993 WL 56188
CourtSupreme Court of Alabama
DecidedMarch 5, 1993
Docket1911407
StatusPublished
Cited by3 cases

This text of 614 So. 2d 443 (Pattillo v. Sanchez) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pattillo v. Sanchez, 614 So. 2d 443, 1993 Ala. LEXIS 270, 1993 WL 56188 (Ala. 1993).

Opinion

ADAMS, Justice.

Monica Pattillo appeals from a judgment based on a jury verdict in favor of Dr. Fernando A. Sanchez in a medical malprac[444]*444tice action alleging that Sanchez had negligently treated Pattillo when she sought medical attention following abdominal surgery.

First, Pattillo contends that the trial court erred in refusing to grant a new trial when, following the jury verdict, it was discovered that the wife of one of the jurors was a patient of Dr. Sanchez. Pattillo argues that if she had known this fact, she would have struck the juror; because the juror did not reveal the doctor/patient relationship between his wife and Dr. Sanchez, Pattillo contends that she was prejudiced and that a new trial should be ordered. We disagree.

Counsel for Pattillo propounded the following questions to the jury venire regarding their relationship to Dr. Sanchez:

“The Judge told you a little bit about the facts. First of all, that it’s a malpractice case, medical malpractice or medical negligence case. Is there anyone here who has a fixed opinion, either pro or con, with regard to a negligence case that is brought against a doctor? Does everyone — let me ask it this way.
“Is there anyone who feels that they could not sit and listen to the facts? Sit on the jury and listen to the facts as they are presented from the witness stand and render a fair and impartial verdict both as to Monica Pattillo or Dr. Sanchez? Yes, ma’am.
“A JUROR: I know Dr. Sanchez. I’m his patient, so I don’t think I could be fair.
“MR. DILLARD: Your name?
“A JUROR: J.A.S.
“MR. DILLARD: Is there anyone else? That was my next question, and I appreciate Mrs. S. You helped me to remember things. Is there anyone here who has been a patient of Dr. Sanchez at one time? He practices over in the Valley. Yes, ma’am. Tell me your name, please, ma’am.”

It is clear from the record that the venire was never questioned with regard to whether family members had been patients of Dr. Sanchez; therefore, the juror did not withhold information in response to a direct question asked by Pattillo s attorney. Furthermore, it is evident from the following exchange, which occurred at a post-trial hearing, that the juror did not know at the time of the trial that his wife had seen Dr. Sanchez.

“Q. Mr. D., it’s my understanding that when you were asked the question, whatever it was, at the time you were asked that question concerning ... whether you or if the question was any member of the family had seen Dr. Sanchez, you did not recall that your wife had seen Dr. Sanchez; is that correct?
That s right. i>
And you did not learn or recall that your wife had seen Dr. Sanchez until after the trial was over; is that correct? £
“A. That’s right.”

Based on the foregoing, we conclude that the trial court did not err in refusing to grant a new trial on the basis of the juror’s answer.

Second, Pattillo argues that the trial court erred to reversal in refusing to allow her to question several doctors who testified as experts for the defendant, regarding their ownership of stock in Mutual Assurance Society of Alabama (“MASA”), which insured the defendant. With regard to the cross-examination of witnesses, we have said:

“In Alabama, a party is entitled to a thorough and sifting cross-examination of the witnesses against him. Ala.Code (1975), § 12-21-137; Riley v. City of Huntsville, 379 So.2d 557 (Ala.1980); Coward v. McKinney, 277 Ala. 513, 172 So.2d 538 (1965). The cross-examination is not limited to matters addressed in the witness’s direct testimony, but may concern all matters relevant and material to every issue of the action. Ala.R.Civ.P. 43(b); Coward, 277 Ala. 513, 172 So.2d 538 (1965). Of course, the trial court is vested with considerable control over the scope of cross-examination, and its rulings thereon will not be reversed in the absence of a gross abuse of discretion [445]*445that causes substantial injury to the objecting party. Moon v. Nolen, 294 Ala. 454, 318 So.2d 690 (1975); General Electric Co. v. Mack, 375 So.2d 452 (Ala. 1979); Watson v. City of Florala, 420 So.2d 55 (Ala.1982); General Telephone Co. v. Cornish, 291 Ala. 293, 280 So.2d 541 (1973). The trial court may not, however, limit cross-examination as to a relevant and material matter until the examining party has substantially exercised his right to question the witness thereon. Riley, 379 So.2d 557 (Ala.1980).”

Perry v. Brakefield, 534 So.2d 602, 607-08 (Ala.1988). Before this action was filed, MASA had been converted from a mutual company to a corporation with publicly traded stock. In Otwell v. Bryant, 497 So.2d 111 (Ala.1986), this Court addressed this issue; however, when it decided Ot-well, MASA was a mutual company. We wrote:

“We will consider first the issue of whether testimony that the defense’s experts belonged to the same mutual liability insurance carrier should have been allowed. The appellants argue that the trial court improperly refused to allow evidence that witnesses presented by both the appellants and appellees were covered under professional liability insurance.
“The appellees in this case, Dr. Bryant and Anniston Urologic Associates, are insured by the Mutual Assurance Society of Alabama (MASA). Additionally, ap-pellee’s witnesses, Dr. Gibbs and Dr. Talbot, were insured by MASA and appel-lees’ witness, Dr. Crowe, was president of MASA at the time of this litigation and was a member of the claims committee reviewing this case. MASA was formed to provide malpractice insurance for doctors after the major malpractice carriers stopped writing policies in Alabama. The doctors who are members of the society pay money each year to the fund. Malpractice awards are paid out of this fund and MASA has paid a dividend in the past, which is just a return of part of the premiums.
“During the trial of this case, the trial judge granted the appellees’ motion in limine concerning any reference to liability insurance with respect to any witness, and ordered removed from the video deposition of Dr. William A. Talbot, Jr., a witness on behalf of the appellees, those portions of appellants’ attorney’s cross-examination concerning Dr. Talbot’s liability insurance carrier, MASA. The deleted testimony would have revealed that Dr. Talbot is insured by the same liability carrier which insures the appellees. Consequently, at trial appellants were not only precluded from questioning any witness on direct about MASA, but were also not allowed to cross-examine or impeach appellees or appellees’ witnesses by a showing of their pecuniary interest, bias, or prejudice resulting from their relationship with MASA.
“A plaintiff may not ordinarily introduce evidence showing that the defendant has liability insurance. Welborn v. Snider, 431 So.2d 1198 (Ala.1983); Thorne v. Parrish, 265 Ala. 193, 90 So.2d 781 (1956). The appellants contend that a showing of liability insurance coverage is permissible if offered for the purpose of demonstrating bias or prejudice of a witness in favor of a particular party of the case.

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614 So. 2d 443, 1993 Ala. LEXIS 270, 1993 WL 56188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pattillo-v-sanchez-ala-1993.