Gaylard v. Homemakers of Montgomery, Inc.
Supreme Court of Alabama
1Dissent
I would affirm; therefore, I dissent.
Even if the trial court erred in granting Oxford's motion in limine and thereby barring the tape-recorded conversation from being introduced into evidence (and I would not hold that it did), from a thorough review of the record I find that error to be harmless.
Black's Law Dictionary, at 1193 (6th ed. 1990) defines "[p]rior inconsistent statements" as "prior statements made by the witness which contradict statements made on the witness stand." These prior statements of self-contradiction are not admissible to prove the truth of the matter asserted but only…
2Cases cited2 opinions
- American Furniture Galleries v. McWane, Inc.Supreme Court of Alabama · 1985
- Abbott v. Allstate Ins. Co.Supreme Court of Alabama · 1987