Rule 409  Payment of medical and similar
expenses.  Evidence of furnishing or offering or promising to pay medical,
hospital, or similar expenses occasioned by an injury is not admissible to
prove liability for the injury. [L 1980, c 164, pt of §1]



 



RULE 409 COMMENTARY



 



This rule is identical with Fed. R. Evid. 409, the Advisory
Committee's Note to which says:



  Contrary to Rule 408, dealing with
offers of compromise, the present rule does not extend to conduct or statements
not a part of the act of furnishing or offering or promising to pay.  This
difference in treatment arises from fundamental differences in nature. 
Communication is essential if compromises are to be effected, and consequently
broad protection of statements is needed.  This is not so in cases of payments
or offers or promises to pay medical expenses, where factual statements may be
expected to be incidental in nature.