§ 15.01 INTRODUCTION

• Jurisdiction: United States

§ 15.01. INTRODUCTION

Driver A is in a traffic accident and accompanies the other driver to the emergency room, where A offers to pay the expenses because the injured driver has no medical insurance. Later, the other driver sues A and wants to introduce the payment of medical expenses as proof of negligence under an admission-by-conduct theory.

Federal Rule 409, sometimes known as the "Good Samaritan" rule, excludes evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury when offered to prove liability for the injury.¹ However, if such evidence is offered for some other purpose, the rule does not apply.

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Notes:

^[1] See Quiel v. Wilson, 34 N.E.2d 590, 590 (Ohio App. 1940) ("If such evidence were to be considered admissible, it is manifest that no one, however kindly disposed to be of service in an emergency, would dare...