Earlier this month, a state appellate court issued a written opinion in a car accident case requiring the court to determine if the lower court was proper in precluding the plaintiff from cross-examining an eyewitness to the accident. The case is important to Maryland car accident victims because the rule of evidence at issue in the case is very similar to Maryland Rule of Evidence 5-613.
The plaintiff was injured when she was struck by the defendant’s car while crossing the street at an unmarked crosswalk. There was only one witness to the accident. However, the defendant hired an expert witness and also planned on calling the responding police officers to testify at trial.
Before trial, the plaintiff filed a motion to prevent the police officers from discussing what the eyewitness told them at the scene, claiming that such testimony would be inadmissible hearsay. The court agreed and limited the officers’ testimony only to what they personally observed.