SOMACH v. NORRIS

S.C. 2656, S.C. 2708.

361 So.2d 1005 (1978)

James Michael SOMACH v. Marcelle NORRIS and Marvin A. Norris. James Michael SOMACH v. Donna NORRIS, a minor who sues by her next friend and father Marvin A. Norris; and Marvin A. Norris, an individual.

Supreme Court of Alabama.

Rehearing Denied August 25, 1978.


Attorney(s) appearing for the Case

J. Russell Gibson, III and Sam M. Phelps of Phelps, Owens, Jenkins & Gibson, Tuscaloosa, for appellant.

Sam L. Webb, Jr. of Callahan, Nichols & Webb, Tuscaloosa, for appellees.


MADDOX, Justice.

The question presented is whether the defendant is entitled to a new trial because of the injection into the case of the fact that the defendant had insurance. We find prejudicial error and reverse.

The matter first arose when the defendant's attorney sought to cross-examine the plaintiff about a statement contained in a letter which plaintiff's doctor had furnished to plaintiff's attorney, but which plaintiff denied having seen:

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