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Dahlin v. Holmquist11/29/1988
Rehearing Denied January 25, 1989
Submitted October 6, 1988
Catherine Dahlin appeals from the denial of her motion for a new trial by the District Court of the Thirteenth Judicial District, Yellowstone County. We reverse and remand for a new trial
Appellant raises the following issues upon appeal:
1. Did the District Court's denial of plaintiff's motion in limine to exclude the secondary gain testimony of Dr. Lovitt deny plaintiff her right to a fair trial?
2. Was plaintiff denied a fair trial by the District Court's denial of plaintiff's request to inform the jury of defendant's insurance coverage following defendant's allusion to a lack of insurance by the comment "we paid"?
3. Was plaintiff denied a fair and impartial jury by the District Court's refusal to permit plaintiff to voir dire potential jurors about any bias resulting after media exposure to articles or advertisements on the "liability crisis"?
On February 26, 1984, the parties to this case were involved in an automobile accident in Lewistown, Montana. Catherine Dahlin suffered neck and shoulder injuries in the accident. She was subsequently seen by Dr. James Lovitt, an orthopedic surgeon, in March of 1984. He diagnosed her as suffering from a cervical and lumbar strain. To date, Dahlin continues to experience headaches and neck pain, even though the normal healing period for such an injury is six to twelve weeks
On February 23, 1987, Dahlin filed a complaint alleging that the defendant's negligent vehicular operation caused the collision which resulted in her physical injury, pain and suffering, loss of established course of life, and lost earning capacity. The District Court granted plaintiff's motion for summary judgment on the issue of liability after determining that defendant's negligence caused the accident. The court scheduled a jury trial on the issue of damages to begin February 16, 1988
Prior to trial, plaintiff notified the court of her intent to question potential jurors about whether they believe, and consequently would be biased because of anything they had heard or read indicating that jury verdicts for plaintiffs in personal injury cases result in higher insurance premiums. On the morning of trial, plaintiff generally asserted that the extensive "media blitz" on the issue of "tort reform" and the "liability crisis" was sufficient to warrant such questioning. Plaintiff then offered four articles, generally published two years prior to trial, as proof of this "media blitz." The court held such articles were too remote in time to have any potential prejudicial effect on the jurors, and consequently it denied plaintiff's request to conduct such questioning
Plaintiff filed a motion in limine four days prior to trial, requesting the court exclude, among other things, all "secondary gain" testimony by Dr. Lovitt. The doctor defined such secondary gain as that financial, emotional, or other type of benefit received by virtue of the injury which serves to encourage the continuation of an injury. The court delayed ruling on this motion the first morning of trial, stating that it would review the deposition containing the secondary gain testimony prior to its presentation to the jury. The court later ruled, without having read the contested deposition testimony, that all of the deposition was admissible. Both parties subsequently read portions of Dr. Lovitt's deposition, including the testimony about "secondary gain," to the jury. Plaintiff then renewed her objection and the court repeated its former ruling. However, the court did strike and admonish the jury to disregard the following highly pr
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