Hanson v. Waller

888 F.2d 806 (11th Cir. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Alfaretta died of injuries sustained after being struck by a truck driven by D. The truck was stopped for a red light in the far right lane of a four-lane street. Alfaretta, 77 years old at the time, started to walk from the sidewalk to the right of the truck across the street. When she was in front of the truck, the light changed from red to green, and the truck proceeded forward, striking the deceased. P contends that the truck driver was negligent in stopping in the crosswalk, failing to keep a proper lookout, failing to yield to a pedestrian in the crosswalk, and in failing to discover the pedestrian. D argued that D, who never saw the deceased until exiting the truck after the deceased was struck, was not negligent, but rather that Alfaretta was negligent in traveling into the street on a yellow light, in failing to get out of the way of the truck, in hesitating in her journey in front of the truck and in walking too close to the truck. The jury found for D. Ps appealed. Ps contend that it was error to allow into evidence, a letter from P’s first attorney Mr. Thompson to D's attorney Mr. Dorsey. The letter stated: Dear Mr. Dorsey: As per my previous letter to you of June the 29th, 1987, enclosed herewith please find copies of the photographs taken from the scene of the accident along with photographs taken from the same type truck the Defendant Waller was driving, which shows it impossible for him to see Ms. Spina if in crossing the street she had reached a position directly in front of the truck when the traffic light changed. If you care to discuss the matter with me, please feel free to call and with kindest personal regards, I remain, Very truly yours, Thomas L. Thompson, Jr.