Matheson v. Stilkenboom

In Matheson v. Stilkenboom, 251 Ga. App. 693 (555 SE2d 73) (2001), the plaintiff, who claimed she suffered injuries while on a cruise, testified that she did not seek treatment from the ship's doctor because she could not afford it. The trial court allowed the defense to impeach the plaintiff's testimony with evidence of her health insurance. The Court held that the plaintiff opened the door to this evidence, which involved the material issue of whether the plaintiff was seriously injured and thus whether she was entitled to damages. 251 Ga. App. at 696 (2) (a). The Court concluded that "evidence that the plaintiff delayed seeking medical treatment - and her explanation for that delay - related to these material issues." Id. Additionally, this impeachment came after the plaintiff introduced a medical bill reflecting that she had insurance coverage. Id. The Court found that because the plaintiff "injected evidence of her own insurance into the trial, she cannot complain about the defendant's use of this evidence on cross-examination." Id.