Defendant-Driver’s Admission and Prior Inconsistent Statement, Contained in the Police Accident Report, Should Have Been Admitted in Evidence

The Second Department reversed a defense verdict in a vehicular accident case because an admission and prior inconsistent by the defendant-driver, included in a police accident report, was not admitted in evidence:

On appeal, the plaintiff contends, among other things, that the Supreme Court erred in precluding her from admitting into evidence that portion of the police accident report which contained [defendant-driver’s] statement that he never observed the plaintiff’s vehicle prior to the accident. This statement was admissible against the defendant as an admission, since it tended to inculpate the defendant in connection with a material fact … . Moreover, that same statement in the police accident report was admissible as a prior inconsistent statement … . Under the circumstances presented her, the error in precluding the admission of that portion of the police accident report into evidence cannot be considered harmless, as it bore on the ultimate issue to be determined by the jury … . Brown v URS Midwest, Inc., 2015 NY Slip Op 07809, 2nd Dept 10-28-15