Can a witness testify that the County objected to the witness's testimony?

California, United States of America


The following excerpt is from Genrich v. State of California, 202 Cal.App.3d 221, 248 Cal.Rptr. 303 (Cal. App. 1988):

The appellate court found the County had waived its objection by failing to move to strike the witness' testimony. But more importantly, the court held the challenged testimony provided notice to the County of a dangerous condition and was admissible for that purpose: "The requirement of similarity of conditions is 'much relaxed' when the evidence is offered to show notice of the dangerous condition. [Citation.] In order to establish the liability of County for a dangerous and defective condition of public property it was incumbent upon plaintiffs to show that County had actual or constructive notice of the alleged dangerous condition of the intersection. [Citation.] The test of admissibility of evidence of prior accidents to show notice is that the evidence must be such as to have attracted the defendant's attention to [202 Cal.App.3d 233] the dangerous situation. [Citation.]" ( Hilts v. County of Solano, supra, 265 Cal.App.2d at p. 169, 71 Cal.Rptr. 275.)

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