(Please also 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.)
Plaintiff’ Hank Choo’s Motion in Limine to Exclude Opinion Evidence of Highway Patrol Officer and Traffic Collision Report, and Limitation of Testimony at Trial
Plaintiff requests of the court an order in limine prohibiting the attorneys for all parties offering evidence of, or making any reference to, any conclusions and/or opinions referred to in the Traffic Collision Report generated by Highway Patrol Officer David Smith.
This action arises from an automobile accident that occurred on August 9, 2008, when the defendant crashed her vehicle into the rear of a 2000 Range Rover plaintiff was driving. Plaintiff anticipates that defendants will attempt to introduce evidence of Highway Patrol Officer Smith’s opinion that plaintiff Hank Choo was the owner of the 2000 Range Rover. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Opinions In Police Reports Or Elicited By Way Of Testimony Are Inadmissible
It is well settled that as a general rule opinions of police officers should not be admitted in automobile accident cases. Waller v. Southern California Gas Company (1959) 170 Cal.App.2d 747. In Waller, the court correctly disallowed the opinion of the police officer as to whether which party, if any, had violated the right of way.
In so ruling the court stated: It is elementary that it is within the process of the jury to determine which party, if either, was negligent and which party, if either, violated the right of way rules. Such a matter is not the subject of expert testimony and neither a police officer nor any other witness should be asked whether he had reached a conclusion as to which party violated the right of way or to state such conclusion if he had arrived at one. Waller, supra, 170 Cal. App.2d 755. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.