Craver v. Nationwide Mutual Insurance
Craver v. Nationwide Mutual Insurance
Opinion of the Court
The only witness for defendant at the trial was Dr. J. J. Priester. While cross-examining Dr. Priester, counsel for plaintiff asked him certain questions concerning the pain resulting from a ruptured disc and the time when such pain would first be felt. The court sustained defendant’s objections to two of these questions, and two of plaintiff’s assignments of error are
Defendant introduced into evidence a document entitled “Application for Health Insurance,” signed by plaintiff and dated 17 October 1969. In answer to one of the questions in this application, defendant stated that he had never had any “bone, joint or back disorder.” Defendant’s reason for introducing this document was to cast doubt upon plaintiff’s credibility, since plaintiff had previously testified that he suffered a ruptured disc on 12 July 1969. Plaintiff contends that this “Application” was an amendment to an earlier insurance application, designed to correct his mistake in inadvertently specifying $35 rather than $50 on the earlier application as the amount of daily room and board benefits he desired to receive in the event of hospitalization, tie asserts that under the “best evidence rule,” the court could not admit this document into evidence without also admitting the earlier application. This assignment of. error is based on a misunderstanding of the best evidence rule. The best evidence rule does not require that when á document which is an amendment of an earlier document is admitted into evidence, the earlier document must be admitted at the same time as the amendment. It provides instead that when a party seeks to prove the contents or terms of a writing, he must introduce the original writing into evidence, rather than using a copy or oral evidence as to the terms of the writing. 2 Stansbury, N. C. Evidence (Brandis rev.), § 190; State v. Cornell, 281 N.C. 20, 187 S.E. 2d 768; Aviation, Inc. v. Insurance Co., 19 N.C. App. 557, 199 S.E. 2d 485. Defendant does not contend that .the trial court erred in failing to require defendant to introduce the original, rather than a copy, of the “Application for Health Insurance.” This assignment of error, therefore, is untenable.
Before the trial judge gave his charge to the jury, the attorneys for both parties conferred with him at the bench. Counsel for defendant submitted a requested instruction explain
Plaintiff has not shown that any error was committed in the trial of this case, and, accordingly, the verdict of the jury will not be disturbed.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.