In re Rhodes

Petitioner, claiming to be the victim of a hit-and-run accident, sought to commence this action against the Motor Vehicle Accident Indemnification Corporation (MVAIC). Identification of an offending vehicle would preclude any recovery against MVAIC.

The only evidence cited to sustain the IAS Court’s dismissal of the action was a police accident report, entirely incompetent for the purpose offered, which identified the offending vehicle as belonging to additional respondent Biggs, and insured by additional respondent Liberty Mutual. That identification reference was hearsay, and should have…