Conley v. Gallup
| Decision Date | 12 May 1994 |
| Docket Number | No. A94A1124,A94A1124 |
| Citation | 445 S.E.2d 275,213 Ga.App. 487 |
| Parties | CONLEY et al. v. GALLUP. |
| Court | Georgia Court of Appeals |
James N. Finkelstein, Albany, for appellants.
Hull, Towill, Norman & Barrett, Patrick J. Rice, Robert A. Mullins, Augusta, for appellee.
Plaintiffs appeal the adverse verdict and judgment in this medical malpractice case involving the contention that defendant negligently sutured deceased plaintiff's bladder while performing a radical hysterectomy as treatment for her advanced cancer of the cervix, and thereby caused a fistula which leaked urine through the vagina, leaving the deceased plaintiff incontinent. She died from cancer which evidence indicated had metastasized before defendant performed the radical hysterectomy.
Appellants contend the trial court erred in refusing to allow evidence from defendant's expert witnesses that they were initial contributors of $1,500 to a medical malpractice insurer, Medical Association of Georgia (MAG), and that they were insured by MAG and thus had a financial interest in the case. A second, related enumeration contends the trial court erred in refusing to allow impeachment of a witness by prior inconsistent statement as to his knowledge whether defendant was represented by a MAG attorney and was a policyholder in MAG. Held:
Appellee contends there is no evidence in the record that he was insured by MAG. Even assuming appellant could have shown by thorough cross-examination that defendant was insured by MAG, and assuming that there is evidence that any of defendant's witnesses were insured by MAG and were initial contributors to MAG, and assuming further that related matters could be proved by a prior inconsistent statement, the trial court did not err in refusing to admit such evidence.
Goins v. Glisson, 163 Ga.App. 290, 292, 292 S.E.2d 917. See Denton v. Con-Way Southern Express, 261 Ga. 41, 402 S.E.2d 269. " ...
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Chambers v. Gwinnett Community Hosp., Inc.
...liability insurer is not "so much more material than prejudicial as to warrant admitting it in evidence." Conley v. Gallup, 213 Ga.App. 487, 488, 445 S.E.2d 275 (1994). Chambers argues that Conley is distinguishable because it does not expressly involve a "mutual" insurance policy. We recog......
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...See Shamblin v. Albright, 278 Ark. 565, 647 S.W.2d 470 (1983)(precluding evidence of commonality of insurance); Conley v. Gallup, 213 Ga.App. 487, 445 S.E.2d 275 (1994)(following majority rule); Golden v. Kishwaukee Community Health Services Center, Inc., 269 Ill.App.3d 37, 206 Ill.Dec. 314......
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Vasquez v. Rocco
...in excluding evidence that defendant physicians and defendants' expert witness all were insured by same company); Conley v. Gallup, 213 Ga. App. 487, 488, 445 S.E.2d 275 (1994) (any probative value of evidence that same company insured both defendant and defendant's witnesses was outweighed......
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Carlisle v. Abend
...Ga.App. 25, 26-28(1), 557 S.E.2d 412 (2001); McQuaig v. McLaughlin, 211 Ga.App. 723, 727(4), 440 S.E.2d 499 (1994); Conley v. Gallup, 213 Ga.App. 487, 445 S.E.2d 275 (1994); Thomas v. Newnan Hosp., 185 Ga.App. 764, 767(1), 365 S.E.2d 859 (1988) (physical precedent 12. See Chambers, supra. ...
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Evidence - Marc T. Treadwell
...69. Id. at 286, 444 S.E.2d at 835. 70. Id. 71. Id. 72. Id. at 287, 444 S.E.2d at 836. 73. Id. at 284, 444 S.E.2d at 833. 74. See id. 75. 213 Ga. App. 487, 445 S.E.2d 275 (1994). 76. Id. at 487, 445 S.E.2d at 276. 77. Id. 78. Id. at 488, 445 S.E.2d at 276. 79. 215 Ga. App. 803, 452 S.E.2d 54......