Personal Injury Law

Sacramento Car Rental Company Sued After Accident With Bus, Part 4 of 4

By Moseley Collins, Esq.

The following blog entry is written from a defendant?s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.)

ONLY RELEVANT EVIDENCE IS ADMISSIBLE FOR ANY PURPOSE.

For all of the above reasons, such testimony and evidence is also irrelevant. Relevant evidence is that which has any tendency in reason to prove or disprove any disputed fact that is of consequence to determination of the action. (Evidence Code §§210, 780, 1202.) No evidence is admissible except relevant evidence. (Evidence Code §350.) Testimony about these supposed standards and practices for police accident-reporting have no application to determine if the subject accidents in this matter are a singular event or multiple events. These standards merely serve to provide guidelines to officers in their report writing duties. These standards were not developed for the purpose that plaintiff and his expert proposed. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

POLICE ACCIDENT REPORTING STANDARDS ARE AN ISSUE OF LAW AND INTRODUCTION OF SUCH EVIDENCE IS UNDULY PREJUDICIAL

An experts testimony on an issue of law is not admissible, including an application of law to facts. The experts testimony on these matter usurps the judges and jurys responsibilities. (Summers v. A.L. Gilbert Co. (1999) 69 Cal.App.4th 1155 (expert opinion on the legal question of duty was not admissible.)

Full post as published by Sacramento Injury Lawyer Blog on August 19, 2010 (boomark / email).