Court of Appeals of Utah
813 P.2d 1225 (Utah App. 1991)
Davidson (plaintiff) was attacked and injured by a steer that had escaped from a truck that Prince (defendant) was driving and had crashed. Davidson brought a negligence suit. To prove that Davidson cornered the steer and was thus contributorily negligent, Prince sought to introduce a letter from Davidson sent to Prince before the trial in which he estimated that the distance between him and the steer was ten feet when it attacked. The letter outlined the facts of the situation and informed Prince that Davidson intended to hold him responsible. Davidson sought to exclude this evidence under Rule 408 on the basis that it was part of a settlement negotiation. The trial court admitted the letter and found Prince 60 percent negligent and Davidson 40 percent contributorily negligent. The court denied Davidson’s motion for retrial. Davidson appealed.
Rule of Law
Holding and Reasoning (Billings, A.P.J.)
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