Dayes v. Werner Enterprises, Inc.
In a wrongful death trial arising from a truck backing over a security guard, the defense read deposition testimony of a traffic homicide detective relating that another officer told him the decedent had an earbud in his ear. The Third DCA held this was inadmissible hearsay improperly funneled through an expert conduit under section 90.704, and that the defense could not prove harmlessness under Special because the earbud evidence bolstered the driver's disputed testimony that he honked his horn.
Key facts
- Security guard was struck and killed by a truck backing up at a commercial facility; defendant truck driver was the operator.
- At trial, the defense introduced deposition testimony from a traffic homicide detective relaying that another officer told him the decedent had an earbud in his ear at the time of the incident.
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Why it matters
A useful decision for plaintiffs' counsel confronting hearsay laundered through police or expert witnesses: it reaffirms the expert-conduit prohibition under section 90.704 and Linn v. Fossum. Most practically, it… — full analysis with a trial
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