Monday, July 11, 2011

Wrongful Death Case Involves Interesting Evidence Ruling

In California, a woman sued her ex-husband for the wrongful death of her daughter, alleging that the husband's sexual abuse caused the girl's suicide.  Last week, the appellate court held that taped phone conversations could constitute "adoptive admissions" by the ex-husband.  The LA Times reports:  

"A jury could have found that a reasonable person, when confronted with accusations of sexual abuse of his stepdaughter over an extended period of time, would do more than simply say that he did not remember or might have mentally blocked it out," the 2nd District Court of Appeal found in its published opinion, dated Wednesday. The statements could be construed as "adoptive admissions" of the alleged acts of abuse, the court found.

A copy of the opinion is available here (pdf).

- SBS

http://lawprofessors.typepad.com/tortsprof/2011/07/wrongful-death-case-involves-interesting-evidence-ruling.html

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