 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bonser v. Shainholtz6/12/2000
Certiorari to the Colorado Court of Appeals
EN BANC AND CASE REMANDED
This court granted certiorari to address whether the court of appeals erred when it held that the trial court abused its discretion in admitting into evidence the fact that the respondent and his expert witness were insured by the same insurance trust (Trust). The court of appeals held that commonality of insurance was not admissible in this case because the evidence was not probative of bias, and there was substantial risk of prejudice. See Bonser v. Shainholtz, 983 P.2d 162, 165-66 (Colo. App. 1999). We hold that evidence of commonality of insurance is admissible pursuant to CRE 403 and CRE 411 when there is a substantial connection between the witness and the insurance carrier. Accordingly, we hold that the court of appeals erred when it reversed the trial court's ruling admitting evidence that the respondent and his expert witness were insured by the same Trust.
I. Facts and Procedural History
Petitioner, Kelly Bonser, sued her dentist, Todd Shainholtz, D.D.S. (Respondent), for dental malpractice, alleging that treatment provided by Respondent caused temporal mandibular joint disorder (TMJ). The suit arose from treatment Petitioner received in late 1995. In October 1995, Petitioner visited Respondent for a dental check-up and cleaning. Following that visit, on December 13, 1995, Petitioner returned to Respondent to have two new fillings placed. Petitioner complained to Respondent that she was experiencing jaw pain. Respondent, prior to commencing with the fillings, questioned Petitioner about the pain, including the nature and location of the pain, when it began, and whether it was accompanied by any clicking or popping. Petitioner responded that there had not been any clicking or popping, that she had been experiencing the pain for a few weeks, and that she had not suffered from similar problems before. Respondent examined Petitioner's face and jaw, and listened and felt for popping or clicking. He then checked her bite and determined that her muscle soreness was due to a "premature" tooth that was hitting before other teeth when Petitioner bit down. Respondent filed down the premature tooth and then placed the two fillings that day.
Petitioner returned to Respondent's office two weeks later, complaining that his treatment caused TMJ. Subsequently, Petitioner filed suit against Respondent, alleging that Respondent was negligent in placing the fillings despite her jaw pain, and in failing to appreciate signs that she was predisposed to TMJ.
Prior to trial Respondent filed a motion in limine, seeking to exclude evidence that he had liability insurance and that he and his expert witness, Timothy Masterson, were insured by the same insurance Trust. Petitioner argued that she was entitled to lay a foundation for and establish the relevancy of evidence at trial. The trial court agreed, deferring ruling until trial.
At the time of trial, the district court considered and denied Respondent's renewed motion in limine after determining that Masterson's financial interest in keeping insurance premiums low, his early involvement in organizing the Trust, and his resulting knowledge that the Trust only accepted dentists who were "high quality dentists" were relevant to proving bias. The trial court stated:
I've reviewed the materials that were submitted and it seems to me that the insurance issue should probably come before the jury if desired on the basis of bias issue, number one, the financial aspect, but number two the aspect that the Trust doesn't accept all dentists and potential bias from that issue. So I'll deny the motion in limine.
Page 1 2 3 4 5 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|