This section contains the nature of the case and procedural background.

Surgery was performed on Sheri for an abdominal hysterectomy, but during that procedure, the Dr. (D) discovered a cancerous tumor, which required further surgery. Sheri died four days later. Charles, her executor, (P), used for malpractice and wrongful death. A Dr. Schneider testified on behalf of the operating surgeon. On an issue of commonality of interests between the doctors, because they carried the same insurance carrier, the court ruled that the danger of prejudice outweighed the probative value of such testimony. The court did not let in the evidence that both doctors were insured by the same company and that the expert was an actual part owner of the company. P appealed the verdict.

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