She Fell from a Bar

Q: While my daughter was at preschool, at the playground, she fell.  Upon being taken to the emergency room, Dorothy told the physician that she fell from the monkey bars.  Anyone can see this from the hospital records.

The preschool has acknowledged that the monkey bars are not age-appropriate, but the teacher who was supervising claims that Dorothy fell from an orange ladder, which is indeed suitable for preschool children to climb.

A: At trial, this looks like a question of credibility between your daughter and the supervisor.  Although the statement in the hospital records may be hearsay, if the school suggests that your daughter has been improperly coached, then you have the right to introduce these records to show that your daughter’s testimony is not a ‘recent fabrication’.

Ordinarily, the testimony of a witness may not be supported or bolstered by proving that he or she has made a similar declaration out of court.  However, when an out-of-court statement was made at a time before a motive to falsify exists, then the statement may indeed be received in evidence – once the testimony of the witness is attacked as a false story that she was coached to tell well after the event.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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