Evidence-Wellborn SU2006 Outline

P struck by a truck while working as a highway

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Unformatted text preview: red (or uninsured) behaved carelessly: To prove the bias of a witness TO establish a trade custom of limiting liability To explain why a safety inspection was made. TO prove the existence of an effective contract exculpating the defendants from all risk of loss or damage. To contradict a factual assertion made by the policy owner. Note: Rule 411 bars liability insurance evidence only when it is offered to prove the negligence or wrongful conduct of the INSURED. Such evidence may be used to prove the liability of a third party and for purposes of establishing PROOF OF AGENCY, OWNERSHIP, CONTROL, BIAS, OR PREJUDICE: Ex: Plaintiff in negligent entrustment case may introduce evidence that D hired a driver who did not have personal liability insurance. CHARTER v. CHLEBORAD [Liability Insurance admissible when used to show bias/prejudice in a witness FRE 411] Facts: Diversity action to recover damages for alleged medical malpractice. P struck by a truck while working as a highway flagman. Accident caused extensive injuries to both of plaintiff's legs. P was hospitalized and surgery was performed on both legs. As a result of severe compli...
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