context: P 9 We conclude, then, that Henry's factual allegations in her complaint supporting her claim that Mar had been negligent are evidentiary admissions, albeit that they are disputed and are not, in and of themselves, conclusive evidence of Mar's fault. "The time has passed when allegations in a pleading will be treated as mere fictions, rather than 'as statements of the real issues in the cause and hence as admissions of the parties.'"
citation_a.signal: cf.
citation_a.parenthetical: reversible error not to admit into evidence party's previous complaint against third party whom plaintiff alleged had been responsible for its injuries
citation_a.sentence: Cf. Dugan v. EMS Helicopters, Inc., 915 F.2d 1428 (10th Cir.1990) (inconsistent allegations in prior pleadings admissible); Redwing Carriers, Inc. v. Stone, 293 Ala. 726, 310 So.2d 206 (1975) (reversible error not to admit into evidence party’s previous complaint against third party whom plaintiff alleged had been responsible for its injuries); State Farm Mut. Auto. Ins. Co. v. Shuman, 175 Ind.App. 186, 370 N.E.2d 941 (1977); McWilliams v. Szymanski 101 Or.App. 617, 792 P.2d 457 (1990); but see Lytle v. Stearns, 250 Kan. 783, 830 P.2d 1197 (1992) (acknowledging split of authority in comparative negligence cases on admissibility of pleadings alleging negligence against defendants who have been dismissed and finding error in admitting statements in prior pleading).
citation_b.signal: but see
citation_b.parenthetical: acknowledging split of authority in comparative negligence cases on admissibility of pleadings alleging negligence against defendants who have been dismissed and finding error in admitting statements in prior pleading
citation_b.sentence: Cf. Dugan v. EMS Helicopters, Inc., 915 F.2d 1428 (10th Cir.1990) (inconsistent allegations in prior pleadings admissible); Redwing Carriers, Inc. v. Stone, 293 Ala. 726, 310 So.2d 206 (1975) (reversible error not to admit into evidence party’s previous complaint against third party whom plaintiff alleged had been responsible for its injuries); State Farm Mut. Auto. Ins. Co. v. Shuman, 175 Ind.App. 186, 370 N.E.2d 941 (1977); McWilliams v. Szymanski 101 Or.App. 617, 792 P.2d 457 (1990); but see Lytle v. Stearns, 250 Kan. 783, 830 P.2d 1197 (1992) (acknowledging split of authority in comparative negligence cases on admissibility of pleadings alleging negligence against defendants who have been dismissed and finding error in admitting statements in prior pleading).