Simon v. Clark

Transfer Denied May 28, 1996 OPINION FACTS On February 3, 1991, Simon was a passenger in an automobile driven by Clark. Clark lost control of the vehicle and ran off the road. As a result of the accident, Simon suffered injuries to his face, neck, and knee. On February 3, 1992, Simon filed a complaint for damages against Clark, Vigo County, and Allstate Insurance Company (Allstate).1 Prior to trial, Vigo County and Clark filed separate motions in limine seeking to prohibit the introduction of any evidence regarding the parties' insurance coverage. The court granted the motions on April 8, 1994. On August 16, 1994, a jury trial commenced during which several experts testified as to the extent of Simon's injuries. Gail Corn, a vocational consultant, and Dr. Richard Hutson, an orthopedic surgeon, both testified that Simon's injuries did not restrict his ability to work. In order to impeach these witnesses' credibility, Simon attempted to introduce evidence and question both witnesses about whether they had been paid by Allstate to examine Simon and testify at trial. The trial court refused to permit such questioning or admit such evidence because it violated the motions in limine. Also during trial, Simon made an offer of proof by presenting the testimony of Roger Hennie, an Allstate insurance adjuster, in which he admitted that Simon's injuries resulted from the February 3, 1991, accident involving Clark rather than a subsequent accident in February 1992 in which Simon was involved. The trial court refused to admit this evidence.