Evidence-Wellborn SU2006 Outline

o second of all yes even if you have the right to

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Unformatted text preview: Holding: The evidence was inadmissible. "Her testimony was based not upon her personal knowledge of the facts about which she testified, but solely upon what she had read in the medical records prepared by others." o The medical records themselves were not introduced into evidence, therefore it was hearsay. o Since Maness had no personal knowledge of the facts, she had no recollection that was capable of being refreshed by the records. Notes: Kemp lost on cause in fact...awarded nominal damages to show that there was a violation of his rights... Medical records were not provided to the plaintiff with notice that they would be placed in evidence, and therefore were procedurally inadmissible. o In attempt to get around this, they called the nurse who testified that on various specific occasions, he didn't pick up his meds...the problem was, he wasn't there on any of those occasions...so she's deriving that information not from personal knowledge but form hearsay (which would have been admissible hearsay no problemo but they messed up in getting these ready as part of th...
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