Credit: motortion/Adobe Stock 'I'm So Sorry. It Was All My Fault': Appellate Court Says Jury Can Hear Portion of Alleged Post-Crash Statement
"Duffy's statements can be and should have been broken down into two parts. We agree with the trial judge that the portion of the alleged statement which expressed sympathy using the words, 'I'm so sorry' is similar to the statement at issue in Denton ... and inadmissible under the benevolent gestures statute," Associate Justice Maureen Walsh wrote on behalf of the Massachusetts Court of Appeals. "However, the second portion of the statement—'It was all my fault'—is not merely an expression of sympathy. Rather, it is an admission of liability."
July 29, 2022 at 01:11 PM
5 minute read
Motor Vehicle Torts
While statements expressing sympathy following an accident are generally inadmissible under law, the Massachusetts Court of Appeals considered whether a statement expressing an apology and an admission of fault at the same time could be heard by a jury. Ultimately, the court determined it could.
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