(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.)
Mr. White testified in deposition that he had not been in any prior motorcycle accident. (Jones Dec, Exh. 6 at p. 15.) Here, not only is the existence of a possible prior motorcycle accident irrelevant, but plaintiff was not in a prior motorcycle accident. Indeed, Mr. White avoided an accident by spilling off his bike before a car accident occurred. Id., Exh. 3. Thus, it is not impeachment to begin with. Plaintiff need not go to such lengths to address an irrelevant matter.
Independently, Dr. Brown alleges that Plaintiff denied prior motor vehicle accidents in his examination. Id., Exh. 5 at p. 3, 23. What potentially matters to Dr. Brown is the existence of the accidents, which he knows about, not Plaintiff’s alleged denials of the accidents. Dr. Brown is a medical expert, not a character witness. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Moreover, nobody’s statements during the examination were under oath or recorded by a court recorder. Thus, it is nearly impossible to prove the falsity of Dr. Brown’s statement. In fact, to try and disprove Dr. Brown’s statements, Plaintiff would be forced to call, among others, his counsel, who attended the examination. If Dr. Brown is allowed to testify as to these alleged denials, a defense medical examiner could literally say anything about conversations with a Plaintiff without fear of reprisal. That is not the law in California.
Based on the foregoing, Plaintiff respectfully requests that this Court exclude any testimony or documentary evidence, or mention of any evidence, regarding Plaintiff’s prior accidents or any injuries arising from those accidents.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.