What is the effect of the exclusion of all evidence of the pension in a personal injury case?

California, United States of America


The following excerpt is from Sabella v. Southern Pac. Co., 449 P.2d 750, 70 Cal.2d 311, 74 Cal.Rptr. 534 (Cal. 1969):

3 Despite the court's exclusion of all evidence of the pension, on those occasions when defendant did object to plaintiff's charges of unfairness defendant attempted to inject this evidence by indirect reference. When plaintiff's counsel made statements referring to defendant's ill treatment of plaintiff, defendant objected and each time alluded to 'the offer of proof I made in chambers as to that this man's actual situation was and the election he made,' or to 'what was done for this man,' or employed similar statements. This was improper, especially when used in lieu of a request for an admonition of the jury. (See Boyd v. Theetgee (1947) 78 Cal.App.2d 346, 177 P.2d 637.) But even if defendant's misconduct could somehow cancel out that of his adversary, plaintiff, like his opponent, failed to object to the remarks in order to preserve the issue for appeal.

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