Dorothy Crusoe and Erica Boyd, a Minor, by and Through Her Mother and Next Friend, Latricia Witherspoon v. Juanita Davis

Summary

The Supreme Court of Alabama affirmed the denial of a new trial after a jury found for Davis in an automobile-accident negligence action. The court held that the investigating officer could not testify from an accident report because he lacked an independent recollection and firsthand knowledge, the report did not qualify as past recollection recorded, and it contained no statement by Davis admissible as a party admission. Chief Justice Moore, concurring specially, addressed and rejected an alternative statutory basis for excluding the report.