Wingate v. Emery Air Freight Corp.
| Court | Appeals Court of Massachusetts |
| Citation | 11 Mass.App.Ct. 982,423 N.E.2d 793 |
| Parties | Donald A. WINGATE v. EMERY AIR FREIGHT CORPORATION. |
| Decision Date | 27 March 1981 |
Page 793
v.
EMERY AIR FREIGHT CORPORATION.
Submitted March 27, 1981.
[11 Mass.App.Ct. 984] Ephraim F. Horvitz, Fall River, for plaintiff.
Thomas P. Crotty, New Bedford, for defendant.
Before ARMSTRONG, CUTTER and DREBEN, JJ.
RESCRIPT.
Wingate, an employee of J. A. Jones Construction Company (Jones Company), alleged that, on the premises of the defendant (Emery) at Logan Airport, he was injured seriously as a result of the negligent conduct of an employee of Emery, when a box upon a push cart operated by Emery's employee fell upon Wingate. The jury returned a verdict for Emery on which judgment was entered. Wingate appealed.
Wingate objected to the introduction in evidence of Aetna Insurance Company's copy of Jones Company's first report of injury to the Industrial Accident Board and to Aetna under the Workmen's Compensation Act. See G.L. c. 152, § 19, as amended through St.1973, c. 438; Locke, Workmen's Compensation §§ 412-413 (1968). The evidence was offered solely for the limited
Page 794
purpose of impeaching Wingate's credibility. He had testified that the accident occurred at Logan Airport. The first report, in answer to the question "Location of plant or place where accident occurred," stated (1) that the accident occurred at "Brayton Point Power ... Station No. 4" in Somerset on Tuesday, December 31, 1974, and (2) that, "(w)hile loading (a) heavy box onto (a) truck," Wingate "felt pain r(ight) groin and leg." Before the evidence was admitted, there was a voir dire examination of one Lord, an Aetna claim representative, through whom the report was offered as a record made and kept in the regular course of Aetna's business. See G.L. c. 233, § 78, as appearing in [11 Mass.App.Ct. 983] St.1954, c. 442, § 1; Leach & Liacos, Massachusetts Evidence 234 et seq. (4th ed. 1967); Hughes, Massachusetts Evidence §§ 592 et seq. (1961); 5 Wigmore, Evidence §§ 1522, 1530, & 1561a (Chadbourn rev. 1974).The trial judge found that the first report of injury was a record kept in good faith by Aetna before the actions were commenced on November 15, 1977; that it was Aetna's practice (on the date, January 13, 1975, when the report was stamped) to keep such records; that the report was not prepared by Aetna or any of its employees; and that no Aetna employee assisted in preparing it. The judge relied on Sawyer & Co. v. Southern Pacific Co., 354 Mass. 481, 483, 238 N.E.2d 357 (1968), which was a case in which United States Department of Agriculture inspection certificates (of cantaloupes...
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Commonwealth v. Siny Van Tran (and Thirteen Companion Cases 1)., SJC–10425.
...records exception “should be interpreted liberally to permit the receipt of relevant evidence.” Wingate v. Emery Air Freight Corp., 11 Mass.App.Ct. 982, 983, 423 N.E.2d 793 (1981), S.C., 385 Mass. 402, 432 N.E.2d 474 (1982). “The statute makes clear that the record is admissible even when t......
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Wingate v. Emery Air Freight Corp.
...Emery [385 Mass. 403] Air Freight Corp. (Emery) entered in the Superior Court. --- Mass.App. ---, Mass.App.Ct.Adv.Sh. (1981) 680, 423 N.E.2d 793. In so doing, we define certain limits in the application of G.L. c. 233, § 78, the so-called business records statute. The plaintiff was employed......
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Beal Bank, Ssb v. Eurich
...233, § 78, "should be interpreted liberally to permit the receipt of relevant evidence." Wingate v. Emery Air Freight Corp., 11 Mass.App.Ct. 982, 983, 423 N.E.2d 793 (1981), S.C., 385 Mass. 402, 432 N.E.2d 474 (1982). Accordingly, we conclude that a representative of EPS did Page ......
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Commonwealth v. Siny Van Tran (and Thirteen Companion Cases 1)., SJC–10425.
...records exception “should be interpreted liberally to permit the receipt of relevant evidence.” Wingate v. Emery Air Freight Corp., 11 Mass.App.Ct. 982, 983, 423 N.E.2d 793 (1981), S.C., 385 Mass. 402, 432 N.E.2d 474 (1982). “The statute makes clear that the record is admissible even when t......
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Com. v. Patch
...981 COMMONWEALTH v. John M. PATCH. Appeals Court of Massachusetts, Plymouth. Argued Feb. 13, 1981. Decided March 27, 1981. Page 345 [11 Mass.App.Ct. 982] Hugh W. Samson, Boston, for Robert M. Payton, Asst. Dist. Atty., for the Commonwealth. Before HALE, C. J., and CUTTER and PERRETTA, JJ. [......
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Wingate v. Emery Air Freight Corp.
...Emery [385 Mass. 403] Air Freight Corp. (Emery) entered in the Superior Court. --- Mass.App. ---, Mass.App.Ct.Adv.Sh. (1981) 680, 423 N.E.2d 793. In so doing, we define certain limits in the application of G.L. c. 233, § 78, the so-called business records statute. The plaintiff was employed......
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Beal Bank, Ssb v. Eurich
...233, § 78, "should be interpreted liberally to permit the receipt of relevant evidence." Wingate v. Emery Air Freight Corp., 11 Mass.App.Ct. 982, 983, 423 N.E.2d 793 (1981), S.C., 385 Mass. 402, 432 N.E.2d 474 (1982). Accordingly, we conclude that a representative of EPS did Page ......