Assignment 3 Essay

280 WordsDec 21, 20132 Pages
Assignment 3 Week 3 Susan Zemla November 8, 2013 Pa201 FACTS: Ms. Samantha Smith a young single mother of a two-year old son, with no health insurance slipped and fell at her local grocery store. Ms. Smith claims while shopping she slipped on some shampoo that had leaked from an open bottle. Her accident resulted in a broken hip. ISSUE: Whether or not the store was aware of the spill? Did Ms. Smith see the spill? RULE: Rule 409. Payment of Medical and Similar Expenses Evidence of paying or furnishing, or offering or promising to pay medical, hospital, or similar expenses occasioned by an injury, or damage to property is not admissible to prove liability for such injury or damages. ANAYLSIS: In personal injury proceedings stemming from customer's slip-and-fall at retailer, proposed testimony concerning customer's lack of medical insurance and financial situation was not admissible to explain why customer did not seek any medical treatment for a two-year period, where retailer never opened the door by eliciting testimony as to why customer did not seek treatment for that two-year period. Van Bumble v. Wal-Mart Stores, Inc., C.A.7 (Ind.)2005, 407 F.3d 823. Evidence [pic]107; Evidence [pic]155(1). CONCLUSION: It is my impression that, Ms. Smith did suffer personal injury from her slipping and falling. Although there is more information, we need to discuss more with our client. I would recommend obtaining a court order so we could view the accident on the store surveillance this, would give us better insight. We would also need any medical bills. REFERNCES Rules of Evid., Rule 409. Payment of Medical and Similar

More about Assignment 3 Essay

Open Document