Fuentes v. Tucker
California Court of Appeals
187 P. 2d 752 (1947)
Tucker (defendant) struck and killed the two sons of the Fuenteses (plaintiffs) with his car, and the Fuenteses sued for gross negligence. On the first day of trial, Tucker amended his answer to admit liability for the accident and the deaths, leaving only damages to be tried. Despite that admission, the trial court let the Fuenteses introduce evidence about the accident itself, including circumstances suggesting intoxication and speeding, over Tucker's objection that this evidence related only to the already-admitted liability issue, not to damages.
Whether a party may present evidence relating to an allegation that has already been admitted in the opposing party's answer, when that issue has been removed from controversy.