Motor Vehicle Accident / Evidence Law
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Case Details
Appellate Court ruled that an admission of liability ('It was all my fault') made after a motor vehicle accident should have been admitted as evidence, overturning a trial court's decision to exclude it under the benevolent gestures statute.
Additional Notes
The Appellate Court clarified the application of the Benevolent Gestures Statute (G.L. c. 233, S23D), distinguishing between expressions of sympathy and admissions of fault, and found the exclusion of the admission of fault to be prejudicial error, entitling the plaintiff to a new trial.