Torts — Automobile accident — Evidence — Hearsay — Exceptions — Trial court erred in excluding medical record containing a statement made by plaintiff to her treating physician concerning how the automobile accident occurred — Medical record was admissible under business records exception to hearsay — Statement was admissible as an admission by a party-opponent where it was plaintiff’s statement and offered against her — Trial court erred in finding that statement was inadmissible hearsay because the source of the statement was unknown where medical record itself states that the source was plaintiff, and physician testified that he would not normally write “she states” unless a patient verbalized the statement to him — Double hearsay — Statement was not inadmissible merely because it may have been transmitted to physician through another member of the hospital staff — Irrespective of which employee took plaintiff’s statement, each layer of hearsay was covered by business records exception where the conveyance of the statement would have occurred between two employees of the same company in the course of business — Lack of corroborating evidence that accident was caused in the manner stated by plaintiff in the medical record goes to the weight of the statement, not its admissibility — There is no requirement that a party admission be trustworthy to be admissible — The statement’s high probative value as a contradiction of plaintiff’s subsequent version of the accident is not substantially outweighed by danger of unfair prejudice — Error in excluding statement was not harmless — Remand for new trial on liability
44 Fla. L. Weekly D1598c
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