Southern District Court Limits Admissibility of Statements Made to Plaintiff’s Physicians at the Time of Trial

Marshall Dennehey
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D.R. by Rodriguez v. Santos Bakery, Inc., No. 20-CV-3628 (KHP), 2023 WL 3736441 (S.D.N.Y. May 31, 2023)

This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence was not admissible at trial.

The underlying case involved a pedestrian, a minor, who was hit by the defendants’ truck. Interestingly, the court ruled that statements made by the minor plaintiff’s pedestrian to her physicians were inadmissible hearsay and that a diagram drawn in the police report, indicating how the accident happened, was inadmissible hearsay.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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