Mottershaw v. Ledbetter, as Administrator of the Estate of Womack, Deceased, [Ms. 1110959, Nov. 8, 2013] __ So. 3d __ (Ala. 2013). Here the Supreme
Court unanimously affirms the Barbour Circuit Court's order granting
a new trial in a medical negligence death case based upon violations by
the defense of pre-trial rulings on plaintiff's motions
in limine. Plaintiff alleged that Mottershaw, a radiologist employed by The Radiology
Group, failed to detect a cancerous mass revealed by a CT scan. The victim
died of cancer. Prior to trial, the victim's lawyer filed a motion
in limine to preclude reference to the failure by another radiologist to detect
the same cancerous mass two weeks later. The trial court granted the motion
in limine. Nevertheless, Mottershaw's counsel on two occasions in the trial
made reference to the excluded evidence and then failed to exclude such
references in documentary evidence that was submitted to the jurors for
consideration in their deliberations. The jury returned a verdict in favor
of Dr. Mottershaw and her group. Plaintiff filed a motion for new trial
alleging the jury was improperly influenced by references to the excluded
evidence. The trial court agreed and granted the new trial. On appeal,
the Supreme Court held that the trial court did not exceed its discretion
in finding that the jury may have been unlawfully influenced by the references
to the excluded evidence.
Related Documents: 1182013_mottershaw