Legal Opinion · Dissent

Gaylard v. Homemakers of Montgomery, Inc.

Supreme Court of Alabama

Decided January 12, 1996No. 1940395Published

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

  1. American Furniture Galleries v. McWane, Inc.Supreme Court of Alabama · 1985
  2. Abbott v. Allstate Ins. Co.Supreme Court of Alabama · 1987

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