Section 7.41 Party’s Right to Opposing Party’s Statement

• Library: Sources of Proof (2014 Ed.)

C. (§7.41) Party’s Right to Opposing Party’s Statement

An opposing party’s statement often includes incriminating admissions. This makes these statements extremely valuable to an adverse party. For example, if a defendant admits some fact demonstrating the defendant’s negligence in an automobile collision to a neighbor, a coworker, or an investigator for an adversary, the statements are admissible at trial as admissions of a party-opponent. See United Servs. of Am., Inc. v. Empire Bank of Springfield, 726 S.W.2d 439, 444 (Mo. App. S.D. 1987).

Fortunately for the confessing party, these admissions are sometimes not subject to discovery because of a privilege that may be asserted to prevent their disclosure, e.g., the attorney-client privilege. See § 491.060, RSMo 2000.

Missouri decisional law has extended that statutory privilege to encompass statements made by an insured, or the insured’s employee, to the liability insurer for the purpose of defending against a known or potential claim against the insured. See:

· State ex rel. Cain v. Barker, 540 S.W.2d 50, 57 (Mo. banc 1976) (a written statement taken by a claims adjustor from an injured driver was privileged and nondiscoverable)

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