Williams v. McCoy

Facts

Plaintiff brought suit against Defendant for injuries allegedly suffered as a result of a automobile accident. At trial, Plaintiff admitted she did not visit a chiropractor until four days subsequent to the collision. When Defendant inquired, during cross-examination, whether Plaintiff had hired an attorney prior to seeking medical help from the chiropractor, Plaintiff answered “no,” and then, when the question was repeated, stated, “I don’t remember.” Plaintiff was able to explain her answer and reasoning for hiring an attorney prior to seeking medical help, but only outside the presence of the jury; the court did not allow Plaintiff to explain the same with the jury present. Plaintiff’s explanation, in essence, was that she was visited by Defendant’s claims adjuster after the accident who allegedly tried to persuade Plaintiff to accept a settlement offer. Plaintiff was awarded $3,000 by the jury, and appeals the according entry of judgment in her favor.