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Farley v. Collins

Supreme Court of Florida

146 So.2d 366 (Fla. 1962)

Relevant factsFree

Farley (plaintiff) was in a car accident with Dann, who later died, and Farley sued Dann's estate administrator, Collins (defendant), for resulting damages. At trial, Farley testified about the movements of his motorcycle and Dann's car before and during the crash; Collins objected under Florida's Dead Man's Statute, arguing the accident itself was a "transaction" between Farley and the now-deceased Dann that barred Farley's testimony. The trial court admitted the testimony and ruled for Farley, but the court of appeals reversed, holding the accident did qualify as a barred transaction.

IssueFree

Whether a witness's testimony regarding the witness's involuntary interaction with a now-deceased person, such as a car accident, is admissible under a Dead Man's Statute barring testimony about a "transaction" with the decedent.

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