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Evidence keyed to Waltz
Ando v. Woodberry
Facts
Ando, a New York City police officer, was injured when a vehicle owned by Woodberry, and driven by Nichols, struck the officer’s motorcycle. Nichols was attempting to turn left at the time of the accident. Nichols was ticketed for failing to make a proper turn and for failing to signal before turning. Nichols plead guilty and paid fines on both citations. There were only two witnesses to the accident, Ando and Nichols. At the negligence trial, after Nichols claimed that he did signal and was not negligent, Ando tried to put on evidence that Nichols’ plea of guilty in traffic court constituted an admission. The trial court did not allow that evidence, and a jury returned a verdict in favor of Nichols.
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