Leliefeld v. Johnson

I have no trouble with the statement of the underlying facts and I have readily concurred in parts I, IV, V, and VI of the opinion of the Court. I am unable to concur in parts II, III, and VII, and will address each separately.

Part II. Post-Accident Signing. A.

The resolution of this issue of law is important to future personal injury actions, but in my view is far overemphasized by the defendants, and in turn the Court, as applied to this case. Were the Court to merely assume that the evidence of post-accident signing was improperly admitted, it could then in a cleared atmosphere consider…