Supreme Court of Alabama
Erline F. Worsham v. William G. Fletcher
July 13, 1984454 So. 2d 946
Summary
The court affirmed the defense verdict in a motor-vehicle collision case, holding that the investigating officer's report was not admissible under the past-recollection-recorded exception. The officer lacked firsthand knowledge of the accident and was not offered as an expert, so the report's hearsay descriptions and opinions could not be admitted merely because they were written down.
Holding
- Admissibility of the investigating officer's report under the past-recollection-recorded exception. The trial court properly refused to admit the challenged portions of the accident report because the officer did not personally observe the accident, and the plaintiff did not qualify him as an expert who could testify about the collision's cause.
Docket 82-410
Cited by
- Victor Bates v. State.
- Jeffery Carl Lindley v. State.
- Ruby J. Phillips v. Annie Emmons.
- Rodney Dunaway v. William Doyle King.
- Dorothy Crusoe and Erica Boyd, a Minor, by and Through Her Mother and Next Friend, Latricia Witherspoon v. Juanita Davis
- Dorothy Crusoe and Erica Boyd, a Minor, by and Through Her Mother and Next Friend, Latricia Witherspoon v. Juanita Davis
- Jeffery Carl Lindley v. State.