Averitt Express, Inc. v. State of Indiana ex rel. Indiana Department of Transportation

While I concur with the disposition of the issues in all respects, I write separately to share some thoughts on both the admissibility of police-prepared accident reports and paragraph six of Trooper Mullen’s affidavit!

I. Trooper Mullen’s Accident Report

I agree that Trooper Mullen’s accident report should have been struck from the designated evidence, because it is clearly an “investigative” report authored by law-enforcement, prepared after interviewing witnesses and evaluating the physical evidence at the scene. See Evid. R. 803(8)(B)(i). That said, the traditional rationale for excluding…