A victim and his former business partner, the defendant, had a bitter falling out after the victim accused the defendant of embezzling company funds. The defendant threatened to get even. Shortly thereafter, while driving on the expressway, a car swerved suddenly in front of the victim's car. Although the victim applied the brakes immediately, his car failed to stop. To avoid colliding with the car ahead of him, he swerved to the right and smashed into a concrete retaining wall. A passing motorist stopped and came to the aid of the victim. Bleeding profusely from a head wound, and rapidly losing consciousness, the victim said, "I don't think I'm going to make it. My former partner must have tampered with my brakes to get back at me." With that, the victim lapsed into unconsciousness, and has been in a coma and on life support ever since. A personal injury suit has been filed on his behalf by a court-appointed guardian against the defendant. At trial, can the motorist testify as to the statement made by the victim?

Question

11-07-2022
Social Studies

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A victim and his former business partner, the defendant, had a bitter falling out after the victim accused the defendant of embezzling company funds. The defendant threatened to get even. Shortly thereafter, while driving on the expressway, a car swerved suddenly in front of the victim's car. Although the victim applied the brakes immediately, his car failed to stop. To avoid colliding with the car ahead of him, he swerved to the right and smashed into a concrete retaining wall. A passing motorist stopped and came to the aid of the victim. Bleeding profusely from a head wound, and rapidly losing consciousness, the victim said, "I don't think I'm going to make it. My former partner must have tampered with my brakes to get back at me." With that, the victim lapsed into unconsciousness, and has been in a coma and on life support ever since. A personal injury suit has been filed on his behalf by a court-appointed guardian against the defendant. At trial, can the motorist testify as to the statement made by the victim?

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Tutorconsortium328 Tutorconsortium328 · Answer 1 · 2022-07-18T13:59:19+02:00

The victim was unaware that the defendant had tampered with the brakes, hence the answer is no.

Due to the fact that the victim did not genuinely have personal knowledge that the defendant was to blame for the collision, testimony regarding the victim's remark is inadmissible as a statement under the belief of impending death.

Because the declarant (the victim) made the statement outside of testimony and submitted it to support the veracity of the claim contained therein, it qualifies as hearsay.

Can someone tamper with a car engine?

Tampering with a Motor Vehicle (Vehicle Code 10852 VC). The California Vehicle Code section 10852 VC defines as a criminal

deliberate tampering with or harm to a vehicle as a whole
willful breaking or removal of individual pieces from a vehicle.

What happens if your car is tampered with?

Tampering with a car is a misdemeanor offense that is punishable by up to a year in jail, a maximum fine of $1,000, and any other probationary conditions that a judge may find appropriate, as opposed to auto burglary and vandalism which can be tried as felonies.

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