I came across the case of Van Bumble v. Wal-Mart, Inc. last week while doing some research. The U. S. Court of Appeals, Seventh Circuit affirmed the denial of motions for a new trial or additur in a couple's slip-and-fall action. The Court found no abuse of discretion in the exclusion of evidence of the plaintiff's financial situation, including the fact that the plaintiffs lacked medical insurance.
Although it was argued that the evidence was relevant to prove why the wife did not seek medical treatment for two years, the Court noted that Wal-Mart did not question why the wife did not seek treatment, so the evidence was irrelevant and would have been prejudicial on the damages issue.
The citation for this case is 407 F. 3d 823 (7th Cir. 2005).
GREGORY CHANDLER, Attorney at Law
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