LOUISE F. JONES AND JOHN H. JONES, HER HUSBAND, APPELLANTS,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE
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Florida appellate court affirmed a defense verdict in a personal injury action, holding that while some evidence of plaintiff's prior litigation was admitted, it was either limited, harmless, or cumulative and did not constitute reversible error or warrant a new trial.
Evidence of a plaintiff's prior litigious history involving injuries to the same body parts may be admitted for limited impeachment purposes, and admission of some irrelevant evidence does not warrant reversal when the plaintiff failed to object, the evidence was harmless or cumulative, and no unfair prejudice resulted.
[1] Evidence of a plaintiff's prior litigation involving injuries to the same body parts may be admitted for limited impeachment purposes without constituting reversible erro…
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Join FLexlaw to unlock all legal intelligenceLouise and John Jones brought a personal injury action against State Farm Mutual Automobile Insurance Company. During trial, evidence of the plaintiff…
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STONE, Judge.
We affirm a judgment, following a defense verdict, in an action for personal injuries. The appellants contend that claims of their past litigiousness became a feature of the trial. See generally O’Shea v. Jewel Tea Co., 233 F. 2d 530 (7th Cir.1956); Zabner v. Howard Johnson’s Inc. of Florida, 227 So. 2d 543 (Fla. 4th DCA 1969); Davidson v. Eddings, 262 So. 2d 232 (Fla. 1st DCA), cert. denied, 269 So. 2d 371 (Fla.1972); Hicks v. Daymude, 190 So. 2d 6 (Fla. 1st DCA 1966); Shalley v. Fiore, 161 So. 2d 18 (Fla. 3d DCA), cert. denied, 166 So. 2d 754 (Fla.1964). Upon a review of the record, we conclude that the court designed its rulings on evidence to allow only limited relevant impeachment concerning prior litigation involving injury to the same parts of the plaintiffs body. We recognize that the court admitted and the jury heard some irrelevant evidence. However, plaintiff brought out some of the irrelevant matters, did not object to others, and the balance were harmless or cumulative. Overall we find no unfair prejudice arising out of the court’s rulings; nor did the court abuse its discretion by denying appellants’ motion for mistrial or appellants’ motion for new trial.
AFFIRMED.
LETTS, J., concurs.
DELL, J., dissents without opinion.
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Authorities Cited
- Zabner v. Howard Johnson's Inc. of Fla., 227 So. 2d 543 (Fla. 4th DCA 1969)
- Fiore v. Shalley, 166 So. 2d 754 (Fla. 1964)
- O'Shea v. Jewel TEA Co., Inc., 233 F.2d 530 (7th Cir. 1956)
- Shalley v. Fiore, 161 So. 2d 18 (Fla. 3d DCA 1964)
- Davidson v. Eddings, 262 So. 2d 232 (Fla. 1st DCA 1972)
- Zada J. Hicks and Jack R. Hicks v. Daymude, 190 So. 2d 6 (Fla. 1st DCA 1966)
- Seaboard Coast Line R.R. Co. v. Ford, 269 So. 2d 371 (Fla. 1972)
- Kiwanis Club OF Delray Beach v. Robinson, 269 So. 2d 371 (Fla. 1972)