Smith v. Korn Industries, Inc.
Cases that cite this one
1 later published case cites this decision.
- Edwards v. Guardian Life Insurance of America (District Court, N.D. Mississippi 2023)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appellant Smith appeals from a ruling excluding certain proposed testimony in a personal injury action against respondent Korn Industries, Inc. We affirm.
To corroborate his allegation that prostatitis diagnosed approximately one week after a collision with one of respondent’s trucks resulted from the collision, appellant offered a friend’s testimony that he had never heard appellant complain of any prostate or urinary problems prior to the collision. This type of testimony is commonly known as “negative hearsay” and is inadmissible to show the condition did not in fact exist. Sherling v. Continental Trust Co., 175 Ga. 672, 165 S. E. 650 (1932); Lake Drainage Com’rs. v. Spencer, 174 N. C. 36, 93 S. E. 435 (1917); 31A C. J. S. Evidence § 193(b) (1964). Since this was the purpose for which the proposed testimony was offered, we affirm the trial court’s ruling.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.