002459 Lombard v. Rohrbaugh 09/14/2001 In a personal injury case, the trial court did not err in permitting reference to insurance in connection with bias impeachment of a defense expert, or in enforc

State: Virginia

Court: Supreme Court

Docket No: 002459

Case Date: 09/14/2001

Plaintiff: 002459 Lombard

Defendant: Rohrbaugh 09/14/2001 In a personal injury case, the trial court did not err in permitting reference

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All the Justices

RALPH D. LOMBARD v. Record No. 002459

DORSEY W. ROHRBAUGH OPINION BY JUSTICE DONALD W. LEMONS September 14, 2001 VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. Record No. 002675

DORSEY W. ROHRBAUGH

FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Dennis J. Smith, Judge In these two appeals, we consider whether the trial court erred in permitting Dorsey W. Rohrbaugh ("Rohrbaugh") to mention liability insurance during cross-examination of a physician who testified on behalf of Ralph D. Lombard ("Lombard") and Virginia Farm Bureau Mutual Insurance Company ("Farm Bureau"). Additionally, we consider the enforceability

at trial of a stipulation reached during pretrial discovery proceedings and the trial court's denial of Lombard's proffered cautionary instruction. I. Facts and Proceedings Below

Rohrbaugh was injured in an automobile accident on August 11, 1995, when his automobile was struck from behind by a vehicle operated by Lombard. Lombard had a liability policy

of insurance with Allstate Insurance Company ("Allstate"). Farm Bureau provided Rohrbaugh's motor vehicle insurance. Rohrbaugh filed his motion for judgment against Lombard on June 25, 1999, in the Circuit Court of Fairfax County. He

served the motion for judgment on Lombard and upon his own carrier, Farm Bureau, as the underinsured motorist carrier pursuant to Code

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