Is any written record of injury admissible in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Herbert v. MOBIL OIL CORPORATION, 480 F.2d 1209 (9th Cir. 1973):

We think it might well be a close question in many personal injury suits whether any previous written record of injury may not be admissible to impeach a person claiming injury, provided he denied any previous injury, and the injuries were relevant to those claimed in the suit. The trial court must have discretion in determining the relevancy of a claimed previous injury to the injury claimed by the plaintiff in the law suit. One injury may be relevant if occurring within a year; one not. One might be relevant ten years earlier, dependant (at least in part) on the history during that interval; while another not. Evidence must always be relevant to be admissible. Winston v. United States, 342 F.2d 715 (9th Cir.1965). Cf. United States v. Baker, 419 F.2d 83, 84 (2nd Cir.1969) and Comm. Ins. Co. v. Orr, 379 F.2d 865, 874 (8th Cir.1967).

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