Zeller v. Dahl

Plaintiff appeals from a verdict and judgment for defendant in a personal injury case arising from a head-on automobile accident. The principal assignment of error is that the trial court erred in sustaining defendant’s objection to testimony of an ambulance driver relating to an allegedly “excited utterance” by plaintiff. ① We affirm.

Plaintiff made an offer of proof of testimony by the ambulance driver that after he arrived at the scene of the accident and while he was placing a bandage on plaintiff’s head “she said numerous times, ‘Why were they on the wrong side of the road; why were they…