Davidson v. Prince
Court of Appeals of Utah
813 P.2d 1225 (Utah App. 1991)
Davidson (plaintiff) was injured by a steer that escaped from Prince's (defendant) crashed truck; before trial, Davidson sent Prince a letter recounting the incident's facts (including his estimate that he was ten feet from the steer when attacked) and stating his intent to hold Prince responsible. Prince introduced the letter at trial to help prove Davidson was contributorily negligent for having cornered the steer; the trial court admitted it over Davidson's objection that it was an inadmissible settlement communication, found Prince 60% and Davidson 40% at fault, and denied Davidson's motion for a new trial; Davidson appealed.
Whether a letter recounting the facts of an incident and demanding payment in full for injuries sustained is an inadmissible settlement negotiation.