Civil Law & Litigation for Paralegals 1st Edition by Neal Bevans

تمرين 26

Next week, your firm has a case that is likely to go to trial. The plaintiff is a young man who was struck by a delivery truck owned by the national corporation Get It There Deliveries. You have just met with the plaintiff and two of the people who were in the car with him at the time of the accident. During his deposition, several months ago, the plaintiff claimed that the delivery truck driver came up to him after the accident and admitted fault, saying that he failed to yield and thus caused the accident. When Al Able and Billy Better were originally deposed, they said that they had not heard any statement by the delivery truck driver. Before your firm's meeting with the three men, you saw them talking with another attorney who has only recently come to work for the firm. During the meeting, Al and Billy suddenly changed their story and said that they had heard the delivery man make a statement. You and your supervising attorney separated the men and asked them about this statement. In both circumstances, the men made identical statements, saying, "The driver came up to the car and said, 'Hey, I was at fault. I should have yielded. I'm to blame.'"
What, if anything, should you do about this new evidence?