Yates v. Grider

251 N.E.2d 846, 145 Ind. App. 567, 1969 Ind. App. LEXIS 420
CourtIndiana Court of Appeals
DecidedNovember 4, 1969
Docket369A50
StatusPublished
Cited by10 cases

This text of 251 N.E.2d 846 (Yates v. Grider) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yates v. Grider, 251 N.E.2d 846, 145 Ind. App. 567, 1969 Ind. App. LEXIS 420 (Ind. Ct. App. 1969).

Opinions

Sharp, J.

This is an action for personal injuries sustained by Plaintiff-Appellant resulting from the alleged negligence of the Defendant-Appellee, Wilbur Grider. Trial was had by jury resulting in a verdict for Appellee. The only assignment of error is overruling the Appellant’s Motion for New Trial which stated:

“1. The verdict of the jury is contrary to law.
2. Error of law occurring at the trial in that the court erred in sustaining the defendant’s objection and excluded the following evidence offered by plaintiff on cross-examination of Loren B. Ayres, an expert witness who was called to testify by the defendant, which said evidence is set forth herein:
Q. Mr. Ayres, will you or can you tell the jury who hired you to make this investigation on April 6, 1967?
A. Yes sir.
[568]*568Q. And who was that?
A. Mr. E. J. Rhoda.
Q. And will you spell his name?
A. R-h-o-d-a.
Q. All right, and will you tell the jury who he is, is he working for himself or someone else?
Mr. Robison: We will object to this because, in the first place counsel knows who Mr. Rhoda is and in the second place, this is an improper question that he asks this witness and I would like to make the rest of the argument out of the presence of the jury, if I may.
Judge: The same is noted. (The jury is excused)
Mr. Robison: If the Court please, the conduct of counsel of plaintiff from the inception from the beginning of talking to the jury has tried to inject insurance into this case which they know is not proper. On voir dire of the jury they asked about a Mr. Innis who they said would be a witness to this trial. When they concluded their testimony; they knew full well that they weren’t going to call Mr. Innis, yet they knew that the jury knew who Mr. Innis was because one of the jury members had purchased some insurance from him and knew that he sold insurance. We asked at that time that the submission of this be removed. We were overruled. Now, at this time this witness was asked who asked him to come and testify which was our law firm — our office. Now they are asking who originally asked him to come and investigate this thing. They asked him the gentleman’s name. Mr. Rhoda. They knew who Mr. Rhoda is as well as we know who Mr. Rhoda is. He is an adjuster for an insurance company. Now, once again Mr. Martin deliberately and I imagine with malice, intends to inject into this trial something that he knows he has no business doing. Mr. Martin, through the entire proceedings, has been ungentlemanly, unfair and now this is the topper and I think that he deserves a reprimand from this Court for his conduct. It’s unbecoming his profession.
Mr. Martin: Well, your Honor, I have not, in the course of these proceedings, tried to do anything improper or unethical or ungentiemanlike — I’ll leave all of that phraseology off, but I think we are entitled to know that Mr. Ayres here is testifying — not testifying — excuse me, — he made his investigation for and on behalf of the Town and Country Mutual Insurance Company. Now I think we have a right and the jury has a right to know that information to show [569]*569any bias or prejudice or interest that he may have here and I just picked up again this morning a recent Supreme Court decision — I don’t have the full case authority, but it reported and I am not relating to the Court that newspapers are often correct, but just another Supreme Court decision this morning handed down in our own Supreme Court yesterday stated that a person went out to make a brake test for an insurance company and he testified and on cross-examination he was asked who he made this for and the Court stated that he couldn’t ask this question and it was found to be reversible error and that’s what the Court did and that was the basis for the Court’s opinion. This is a decision just handed down yesterday by the Supreme Court. I’ve got the newspaper here with me — I’ve still got it but I’m not skinning but, don’t misunderstand me, your Honor, I am not saying the newspaper articles are always right and this is absolute citation. I just read it in — our own Supreme Court — Indiana Supreme Court — no others. But I think the jury is entitled to know as to any bias that this witness may have in his testimony.
Judge: The bias and prejudice which is shown by the fact that he is in fact employed by defendant’s counsel. This does show bias.
Mr. Martin: Well my question was made in reference to his investigation — not his testimony here.
Judge: Well, but this is intended to show bias in favor of whom?
Mr. Martin: Well it would be in favor of the defendant if I understand the Court.
Judge: Then the insurance company is not the defendant. Mr. Martin: No, they are not the defendant here — no.
Judge: Then the bias which you seek is against the party not in this case.
Mr. Robison: That’s it exactly.
Judge: Is this not true?
Mr. Martin: No, I don’t thing that’s true altogether.
Judge: I am resting for the bias in favor of whom. This testimony which you both elicit will be enhanced or increased more than it is already. The statement was in the beginning that he was employed by the defendant.
Mr. Martin: To testify — if I recall correctly.
Judge: His testimony is upon the basis of investigation.
[570]*570Mr. Martin: Yes.
Judge: Yet, an opinion for an investigation made for a party not a party to this law suit.
Mr. Martin: Well, I don’t think, necessarily a bias or prejudice of a witness has to be for or against either party, I think we can show—
Judge: (inaudible) around with cross-examination unless it is relevant and material to the parties.
Mr. Martin: Well I don’t agree with the Court on that. Judge: I can give you the citations on it.
Mr. Martin: Your Honor, I think we should be allowed to ask this witness who employed him in fact in his investigation to show any motives or interest or feelings or any contractual relationship with reference to his part in this litigation, who compensates him and who has given him anything of value regarding his testimony. Now I am not only making reference to his investigation but also who is compensating him for his testimony.
Mr. Robison: He’s already told us that.
Mr. Martin: I didn’t hear that. But I think we are entitled to ask this and I haven’t attempted, again, to do anything improper before this Court.
Judge: Counsel may respond.
Mr.

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Yates v. Grider
251 N.E.2d 846 (Indiana Court of Appeals, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
251 N.E.2d 846, 145 Ind. App. 567, 1969 Ind. App. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yates-v-grider-indctapp-1969.