Jon H. Dodson, M.d. v. Allstate Insurance Company

Summary

The Supreme Court of Arkansas reversed a Pulaski County jury verdict for Allstate in a physician's defamation and tortious-interference suit, holding that the trial court abused its discretion by excluding Allstate's withdrawn counterclaim, which alleged that Dodson performed illegal, fraudulent acts and therefore qualified as impeachment evidence of a prior inconsistent statement under Rule 613. On the remaining points the court found no abuse of discretion: the judicial-misconduct argument was unpreserved, the juror-misconduct and discovery rulings were affirmed, and the trial court properly admitted other-case results, legal-opinion testimony, expert testimony by a physical-therapy Ph.D., and Dodson's prior depositions, while properly excluding a Rule 1006 summary witness and properly giving and refusing jury instructions. Special Justice Mike Kinard, joined by Justice Thornton, concurred in part and dissented in part, concluding that the exclusion of Sid McMath's summary testimony was reversible error.