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Ellman v. Officenter3/15/2002
rship, or control, if controverted, or bias or prejudice of a witness.
The insurance issue was raised for the proper purpose of establishing Robertson's lack of credibility, i.e., her bias or prejudice. Testimony at trial established that Robertson attributed her injuries to the slip and fall on some occasions, to the December 1995 car accident on other occasions, and to the May 1997 accident on other occasions; furthermore, arguably, Robertson made inconsistent claims of injuries and their causes on different insurance forms and to the various doctors. Thus, the testimony was properly adduced for this limited purpose of calling into question her credibility.
Moreover, we believe that, to the extent that the jury may have been tempted to make other insurance considerations, the instruction as given encompassed any concerns plaintiff sought to remedy via his proposed instruction. Because the jury was instructed that it was not to consider insurance at all, any speculation it may have had about assessment would have been cured. Additionally, taking into consideration the favorable verdict rendered in plaintiff 's favor, any error was harmless.
Affirmed.
David H. Sawyer
William B. Murphy
Joel P. Hoekstra
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