Del Toro v. Carroll

Although the question involved in this appeal is one of the admissibility of evidence, some mention of the substantive facts is necessary. This is a consolidated action arising out of a collision between two automobiles. Each driver sued the other, and a passenger sued both. Under the circumstances it makes for easier understanding to refer to the drivers by name. Both drivers were proceeding in an easterly direction on the Long Island Expressway. Cintron claims that Carroll suddenly passed him at a high rate of speed. Carroll’s car was hauling a trailer. Cintron claims that Carroll having…