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Evidence — police reports

By: WISCONSIN LAW JOURNAL STAFF//March 29, 2012//

Evidence — police reports

By: WISCONSIN LAW JOURNAL STAFF//March 29, 2012//

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Wisconsin Court of Appeals

Civil

Evidence — police reports

Craig Lamb was riding his scooter in a cross-walk when a motor vehicle being driven by Patricia Burke hit the scooter. Lamb sued Burke alleging her negligence caused his scooter to tip-over, resulting in injuries. The case was tried to a jury, which returned a verdict finding Lamb and Burke jointly negligent in causing the accident and finding that neither party’s negligence caused Lamb to suffer any injuries. Nonetheless, the jury awarded Lamb $354 in damages. Craig Lamb, through his estate, appeals the judgment entered on the jury’s verdict.

Lamb argues on appeal that the trial court erred when it excluded the police officer’s accident report from being admitted as evidence, holding it was inadmissible under Wis. Stat. § 346.73,[3] and when the court refused to allow the police officer to testify as to the parties’ statements recorded in the report, absent independent recollection. Lamb contends he is entitled to a new trial as a result of the trial court’s errors. Assuming without deciding that the trial court erred by not admitting into evidence the police officer’s report and by not allowing the officer to testify as to the party’s statements recorded in the report, we conclude the errors were harmless, and affirm. Not recommended for publication in the official reports.

2008AP2964 Estate of Craig Lamb, et al. v. Burke, et al.

Dist IV, Dane County, Sumi, J., Higginbotham, J.

Attorneys: For Appellant: Olson, Jeff Scott, Madison; For Respondent: Epstein, Patricia J., Madison

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