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Palmer v. Krueger

897 F.2d 1529 (1990)

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Palmer v. Krueger

United States Court of Appeals for the Tenth Circuit

897 F.2d 1529 (1990)

Facts

Virginia and William Krueger were killed when the airplane they owned crashed. Virginia’s daughter and executrix, Debra Palmer (plaintiff), sued William’s estate, which was represented by his son and executor, Richard Krueger (defendant), for wrongful death. During cross-examination, Krueger made a remark as to the morality of Palmer bringing the suit against a family member. Palmer’s counsel then made an offer of proof to go into a line of questioning that would have revealed that the discord between the parties began when Krueger refused to split the insurance proceeds from the airplane and made disparaging remarks about Palmer’s deceased mother. The court declined this line of questioning about the matter, stating on record that the explanation for family discord was a collateral issue to the case and that mentioning insurance proceeds would cause unfair prejudice against Krueger. The jury returned a verdict for Krueger. Palmer’s motion for a new trial was denied. Palmer appealed, arguing that her right of cross-examination was erroneously abridged by the ruling.

Rule of Law

Issue

Holding and Reasoning (Henley, J.)

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