Cahill v. Dorn

We reverse and remand for a new trial on the authority of Dinowitz v. Wein-rub, 493 So.2d 29 (Fla. 4th DCA 1986). In this case, just as in Dinowitz, the trial court admitted testimony of an investigating police officer of statements made to the officer by the driver of a vehicle involved in the accident forming the basis of this legal dispute. Since the driver of the vehicle was not a party to the legal action, his out-of-court statements constituted hearsay. In addition, we held in Dinowitz that the admission of such a statement is barred by the provisions of section 316.066(4), Florida…