Search Site
Menu
Do Not Necessarily Fear a Damaging Statement. If in a Writing- it is still Hearsay

Sometimes in personal injury law things are not as they appear. This can cut in favor of the party suing or against the party suing. It depends upon the knowledge and aggressiveness of the lawyer. An example comes from statements contained in a police report.

At first blush, it may seem very troubling that witness statements quoted in a police report regarding how an accident happened (not necessarily a car accident) are hostile to your client. Fear not, unless the opposing side knew enough to call those eyewitnesses to testify at the trial, an objecting attorney can keep those statements from the jury’s ears. I have successfully objected to the attempted introduction of the contents of a police report, even if the police officer himself/herself is testifying. It is very well-settled law that such statements are hearsay, and, unless within some independent exception to the hearsay rule, are not admissible. Of course, it is a different matter if the declarants who are listed in the police report testify. The hope is that if they have damaging testimony, the defense attorney will erroneously assume that that testimony can come in through the police officer. The fact is it cannot. See Kelly v. O’Neill 1 Mass. App. Ct. 313 (1973) and numerous cases drawing upon common law evidentiary principles.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I got chance make car accident (it's not my fault). Before I didn't have any accident like that one. I choose this agency accidentally due to it's location was convenient to my job. I was surprise (good surprise) that agency lawyer (Colleen Santora)...

    Read more

    Anatoly Gorbatchev

  • google
    5.0/5.0

    Colleen Santora was a great attorney to have during my motor accident. She is very responsive and great at her job. She supported me mentally and professionally. I recommend her to everyone who wants real results.

    Read more

    Nnamdi Chinemere

  • google
    5.0/5.0

    Marsha Alban is a great attorney and very easy to work with!

    Read more

    Lana Bautin

  • google
    5.0/5.0

    I have had the pleasure of working with Attorney Santora several times, and she has never let me down. She is professional, compassionate, knowledgeable, and always keeps my best interest at the forefront. I have recommended her to friends without he...

    Read more

    Brian Orsatti

  • google
    5.0/5.0

    I highly recommend Marsha! From start to finish was just as easy as a law process can be. No words to explain how wonderful all of them are. Highly proportional and caring. All questions answered , all problems resolved. Thank you ! Look no more. Thi...

    Read more

    Katerina Zhantuan

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form