Cardwell v. Ware

MARTIN, Judge.

Plaintiff assigns as error the trial court’s refusal to allow one of plaintiff’s witnesses to testify regarding his out-of-court statement to a private investigator one month after the collision.

Upon vigorous cross-examination, and contrary to his testimony on direct examination, plaintiff’s witness Gary Myers expressed uncertainty as to whether he had actually seen plaintiff’s turn signal operating just prior to the time of the collision. In an effort to bolster Myers’ earlier testimony, plaintiff’s counsel sought on redirect to elicit the substance of an earlier statement by…