Advertising Disclosure Email Disclosure

Evidence of plaintiff’s poverty inadmissible to prove alleged motive to falsify claim. Written expert reports are generally inadmissible at trial, but other items within reports may be admissible under the Rules.

April 1, 2017
Bangs v. Follin, No. K15C-05-008 JJC, 2017 Del. Super. LEXIS 19 (Del. Super. Ct. Jan. 13, 2017)

The plaintiff, a former tenant of the defendants, claimed that he fell through a hole in their rental property. The defendants claimed he falsified his injury to receive compensation and because of the parties’ disagreements. The plaintiff moved to exclude evidence of his poverty at trial and to exclude the defendants’ written expert reports (in favor of expert testimony instead). The court held that evidence of the plaintiff’s economic status offered to prove his alleged motive to file suit was, at most, “marginally relevant to any fact of consequence.” Also, any relevance was substantially outweighed by the risk of unfair prejudice to the plaintiff. The court reserved decision regarding the admissibility of evidence offered to prove the parties’ disputes. Finally, the court held that, while the defendants’ written expert reports may be used to refresh a witness’ recollection, the reports themselves were inadmissible at trial.

 

Case Law Alerts, 2nd Quarter, April 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Jessica L. Tyler
Associate
(302) 552-4370
JLTyler@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."