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Jim v. Budd6/9/1987
ting an adverse witness, see N.M.S.A. 1978, Evid.R. 611(c) (Repl.Pamp.1983), that rule is subject to the trial court's right to exercise control as provided under Evid. Rule 611(c). See State v. McCarter, 93 N.M. 708, 604 P.2d 1242 (1980). The exercise of that control is wholly within the trial court's discretion. Jojola v. Baldridge Lumber Co., 96 N.M. 761, 635 P.2d 316 (Ct.App.1981). We find no abuse in this case. We find several instances where plaintiff's counsel did lead defendant on cross-examination. The fact that counsel was not permitted to do it in all instances does not establish abuse. Moreover, plaintiff has not shown how she was prejudiced, as she claims, by the trial court's refusal. See Regenold v. Rutherford, 101 N.M. 165, 679 P.2d 833 (Ct.App.1984). The trial court did not err in restricting plaintiff's use of leading questions on direct examination.
c. Inquiries Into Collateral Sources of Income
Plaintiff claims that defendant's inquiries into plaintiff's income, her homesite, her vehicles, and free health care were inappropriate and tainted the jury's perception
of her financial well-being. When we consider the questions and whether or not they were answered or objected to by plaintiff, we are unable to agree with her contention.
The issue of liability was separate from the issue of damages, and plaintiff presented evidence of both. Plaintiff's economist expert witness testified as to plaintiff's damages; that is, the loss of earnings caused plaintiff and her children due to Mr. Jim's death. We agree with the trial court that the issue of damages was never reached due to the jury's verdict of defendant's lack of negligence.
Plaintiff claims that defendant's inquiries "so inflame jury's prejudices with 'collateral source' information," that the jury was unable to reach beyond the liability issue. We disagree. First of all, plaintiff's income from her clerk-typist job was never stated because counsel for plaintiff objected to the question as being irrelevant. Second, plaintiff testified that although the Jims had built a new home within the last year, it was on a leased homesite on the Navajo Reservation. Third, plaintiff testified that she and her husband owned a car and pickup truck. No evidence was presented as to make or model or even if they were paid for. Plaintiff's claim that defendant's inquiries were prejudicial to her are without merit.
d. Trial Court's Personal Distractions During Trial
The record does not support plaintiff's claims that the trial judge suffered "extreme strain" during trial due to his divorce proceedings which were contemporaneous with trial. Plaintiff also complains on appeal that the trial court failed to give opening instructions. We note, however, that when the trial court noted its mistake and brought it to the attention of counsel, neither party voiced an objection; therefore, it will not be considered on appeal. See Morris v. Dodge Country, Inc., 85 N.M. 491, 513 P.2d 1273 (Ct.App.1973). Finally, the trial judge's levity with the jury concerning his required presence in a different courtroom, while perhaps inappropriate, did not constitute harmful error nor did plaintiff object. Failure to object will generally preclude appellate review of that issue. State v. Muise, 103 N.M. 382, 707 P.2d 1192 (Ct.App.1985).
We find that plaintiff's complaints against the trial judge are either outsi
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