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.)
This case arises from two consecutive accidents involving the same bus, one at the intersection of Seminary and International involving the Universal vehicle, and one half a block away where the bus was driven into several residences across the street. Setting aside the issue of relative liability on the part of both drivers, the fact that only one police report was generated for both accidents is not probative of whether one or more accidents occurred. It is determinative that there was a relationship between the two accidents, as they both involved the same bus and that they were consecutive in time. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Evidence Code section 352 gives the court discretion to exclude evidence if its admission will necessitate the undue consumption of time, or if its probative value is substantially outweighed by a substantial danger of undue prejudice, confusion of issues and misleading the jury. (Evidence Code §352.) Defendants respectfully request that any evidence of or reference to police accident report writing standards as determinative of the status of the accident as a singular event is only intended to mislead and prejudice the jury, and should thus be prohibited from mention.
Such reference or the introduction of such evidence has no probative value and would be highly and unfairly prejudicial to defendants in that it would convey the impression that the fact that only one police report was generated indicates that only one accident occurred. This would also undoubtedly mislead and confuse the jury into believing that such evidence would somehow be probative of the issues. Furthermore, the introduction of such evidence would require time-consuming rebuttal by defendants. Accordingly, any reference to police accident report writing standards should be excluded pursuant to Code of Civil Procedure section 352. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.