May 21, 2019 Practice Points

Be Careful with Admissions

Evidentiary admissions can diminish credibility if they need to be changed; judicial admissions may lock in the litigant to a position that may later prove to be undesirable

by Michael R. Lied

A couple of recent Illinois cases point out potential evidence traps involving admissions.

Derrick Roberts, while driving National Freight’s semi-truck, struck Clifton Armstead’s semi-truck in Illinois. Armstead sued Roberts, alleging that Roberts negligently operated the vehicle at excessive speed. Armstead also signed a “Compromise and Release Agreement by Stipulation” to settle a Pennsylvania workers’ compensation claim. In this agreement, under “state the precise nature of the injury,” Armstead indicated only “right knee strain.”

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