Dead Man’s Act Barring Testimony
Davis v. Wright, PICS Case No. 16-1061 (C.P. Philadelphia Aug. 2, 2016) Robinson, J. (7 pages).
Three injured parties in a motor vehicle accident were the only witnesses to what happened. On the death of the alleged at-fault driver, the two remaining parties had not yet been deposed and thus were barred from testifying under the Dead Man’s Act. Plaintiffs objected and cited case law in support of their positions, but the court showed that the cases cited were inapplicable to that purpose. Plaintiffs’ attempt to use police testimony failed since he was not an eyewitness to the accident and his opinion as to the cause was not deemed an admissible expert opinion. The court recommended its decision be affirmed on appeal.
