1:11-cv-00149
N.D.W. Va.Oct 25, 2012Background
- Plaintiffs Ken Diviney (parent/next friend of Ryan Diviney) and Brian McLhinney sue multiple defendants for injuries from a 2009 Morgantown altercation.
- Case was removed to the U.S. District Court for the Northern District of West Virginia; discovery plan set; trial date scheduled.
- Defendant Vantrease moved to compel disclosure of donors to Ryan Diviney since 2009 (Interrogatory 4 and Production 4).
- Plaintiffs initially objected, later supplemented, stating no donors contributed since 2009 and proposing an in-camera review if needed.
- Defendants argued donor information bears on witness/juror bias and potential collateral-source relevance; plaintiffs argued irrelevance and that donations are collateral source.
- The court denied the motion as to witnesses and jurors (moot) and addressed collateral-source issues, ultimately denying the motion in full.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether donor identities are discoverable for bias | Diviney argues donors are irrelevant to issues and burdensome | Vantrease argues donors reveal potential bias of witnesses/jurors | Denied as moot; information not necessary for bias inquiry. |
| Whether donor information is discoverable for juror bias | Cannot justify broad donor lists for voir dire | Donor data could reveal potential juror bias | Denied; voir dire provides adequate remedy. |
| Whether charitable donations are collateral sources affecting admissibility | Donations are collateral sources and not discoverable | Collateral source rule may have exceptions permitting admission | Charitable donations are collateral sources; information not admissible; no waiver found; motion denied on collateral-source grounds. |
Key Cases Cited
- In re Greensboro News Co., 727 F.2d 1320 (4th Cir. 1984) (voir dire and impartiality considerations in juror bias)
- Ratlief v. Yokum, 280 S.E.2d 584 (W. Va. 1981) (collateral source rule and its scope in WV law)
- Brooks v. Galen, 649 S.E.2d 272 (W. Va. 2007) (limited exceptions to collateral source rule (not controlling here))
- Alaska v. Michelin Tire Corp., 307 S.E.2d 603 (W. Va. 1983) (collateral source rule rationale and application)
- Powell v. Wyoming Cablevision, Inc., 403 S.E.2d 717 (W. Va. 1991) (character and source of collateral income considered)
- New England Mut. Life Ins. Co. v. Mitchell, 118 F.2d 414 (4th Cir. 1941) (principles on closing the door to dicta when not necessary)
- Sims v. Great American Life Ins. Co., 469 F.3d 870 (10th Cir. 2006) (collateral-source rule and discovery considerations)