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Your email address will not be published.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

    Attorney Colleen Santora, was a pleasure to work with throughout my personal injury case. She makes the process seamless for her clients and is there to answer any questions you have. She negotiated every aspect of my case and got me the settlement I...

    Read more

    Cody

  • google
    5.0/5.0

    We were very pleased with all aspects of this law firm! My husband was struck by a truck while crossing the street. We hired attorney Colleen Santora of Feinberg & Alban PC. Colleen immediately showed empathy towards my husbands condition, aside fro...

    Read more

    Cleopatra Anderson

  • google
    5.0/5.0

    Attorney Colleen Santora assisted me after a terrifying highway incident. She came to my home because I was not able to travel, and she remained compassionate, professional, and highly competent throughout my case. I would highly recommend retaining...

    Read more

    Susan Hawes

  • lawyers
    5.0/5.0

    I had a difficult liability case that Marsha Alban handled on my behalf. I was extremely happy with Attorney Alban’s communication with me throughout the claim and especiathe resolution of my claim. I highly recommend this firm as they are up for ...

    Read more

    Client

  • google
    5.0/5.0

    Alexis was a pleasure to work with. She kept me informed every step of the process and always looked out for my best interests. I would definitely recommend her.

    Read more

    Joel K

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form