Yoho v. Thompson

MOORE, Justice

(concurring and dissenting):

I agree with the majority’s adoption of the substantial connection analysis and the conclusion that the connection between Dr. Brannon and Nationwide was sufficient to justify allowing evidence of that relationship to demonstrate Dr. Brannon’s possible bias in favor of Nationwide. I do not believe, however, the trial court abused its discretion in excluding the testimony because Yoho was provided alternative means to establish Dr. Brannon’s alleged bias without injecting insurance into the trial. Yoho was informed she could discuss Dr. Brannon’s bias by using generic terms such as “defense,” “defendants,” and “defense lawyer,” but she could not use the word “insurance.” Yoho chose not to use this alternative. If she had fully utilized the trial court’s suggestions, the result of the cross-examination would have been just as effective as cross-examining Dr. Brannon by using the word “insurance.”

Accordingly, I believe the trial court acted within its discretion by limiting Yoho’s cross-examination of Dr. Brannon to exclude any mention of insurance.

TOAL, C.J., concurs.