Bobbie Maye White v. Robert Cohen, Individually and Crest Motel

Defendants sustained an adverse judgment in a negligence action and now appeal. The principal error assigned is that a tape recording introduced by the plaintiff below and played for the jury contained prejudicial statements which seriously impaired defendants’ right to a fair and impartial trial. We agree with that contention and reverse.

In this diversity case, Bobbie Maye White brought a personal injury suit against the Crest Motel in Las Vegas, Nevada, and its owner, Robert Cohen, seeking damages for injuries suffered as a result of an accident on the motel premises. At trial plaintiff’s counsel attempted to impeach the testimony of the defendants’ key witness, the motel manager, by a tape recording of an interview between the manager and an investigator. Defendants’ counsel objected, but the trial court admitted the tape for prior inconsistent statements used as impeachment. See Fed.R.Evid. 613.

Before the tape was played to the jury, defense counsel requested the judge to screen its contents, since plaintiff’s counsel alone knew what was on the tape. The court denied the request. The plaintiff’s counsel did not advise the court of the prejudicial statements, although just…