Johnson v. Lutz case brief

Johnson v. Lutz case brief summary
170 N.E. 517 (N.Y. 1930)

CASE SYNOPSIS

Defendant truck drivers appealed a judgment from the Appellate Division of the Supreme Court in the Second Judicial Department (New York), which affirmed the trial court's judgment excluding a policeman's report and testimony in plaintiff estate's wrongful death action arising out of a vehicle collision.

CASE FACTS
An accident occurred in which a motorcyclist was killed when he collided with defendants' truck. Litigation ensued where plaintiff's estate sued defendants for the loss of their family member. During the subsequent trial, defendants offered a policeman's memo into evidence. The trial court denied the request as inadmissible, which the appellate court affirmed. Defendants sought further judicial review.

DISCUSSION

• On appeal, the court upheld the judgment on the grounds that the policeman's report had not been made in the regular course of business, as required under N.Y. Civ. Prac. Act § 374-a. 
• Specifically, defendants' offered introduction of a memo concerning the accident was based on hearsay statements of third persons at the scene of the accident. 
• Accordingly, it was properly excluded as hearsay evidence.

CONCLUSION
The court affirmed the appellate court, holding that the evidence concerning a policeman's memo was properly excluded as hearsay evidence when it was not produced in the ordinary course of business.


Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.