Mainor v. Hayneville Telephone Co.

I conclude that the trial court made no reversible error by admitting the accident reports.

I agree with the majority that § 32-10-11, Ala. Code 1975, states that automobile accident reports are inadmissible; however, the statute has not been interpreted as an absolute bar to admission. Dean Gamble and Frank S. James III discussed the statute in Perspectives on the Evidence Law of Alabama. ADecade of Evolution, 1977-1987, 40 Ala. L.Rev. 95 (1987). They wrote:

"B. Rule # 2: Although a Statute May Declare Certain Types of Evidence Inadmissible, The Evidence May Still be Admitted.

"A second form of…