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Question
Prepare an IRAC based upon the following:
Facts:
Smith was driving down Hills Boulevard. As he approached the intersection of Hills Boulevard and Star Lane, the signal intersection light turned yellow. Smith sped up to “catch the light.†When he entered into the intersection, the light was red. Smith ended up hitting Driver X’s vehicle while in the intersection. Thankfully no one was injured but Driver X’s car was badly damaged. Later that evening, Smith told his Wife that he felt guilty for the accident because the light was red when he entered the intersection. Wife and Smith’s children were in the vehicle at the time of the accident, which made Smith’s guilt even greater. Driver X is now suing Smith for the damages caused by the accident; a negligence action. In proving his case, Driver X plans to call Smith’s Wife to the stand. Will Wife be compelled to divulge what Smith told her?
Florida law (published 2010): Husband and Wife Privilege: Any private conversation between a husband and wife during the course of the marriage is privileged. Neither spouse can be compelled to divulge the communication unless: 1) husband and wife are opposing parties in the litigation; and 2) a direct issue in the litigation is the husband and wife’s children’s health, safety, welfare or custody.
