Evidence-Wellborn SU2006 Outline

O no one involved in the accident can be involved in

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Unformatted text preview: oes. Procedural Posture: Record at issue = Hardee's own "incident" report. Incident report was prepared by a non-witness Hardee's employee and contained not only a description of the surface of the parking lot but also a statement attributed to a "friend" of Mrs. Scheerer who said that the cause of the accident was Mrs. Scheerer's "Slick" shoes. Issue: Scheerers argue that even if the incident report was admissible as a business record, the statement in the incident report about the shoes should have been excluded as untrustworthy. Scheerers also argue that the incident report was not admissible as a business record because it was prepared in anticipation of litigation. Was the incident report admissible as a business record? Holding: Report was inadmissible because it was prepared in anticipation of litigation: o "We hold the incident report was not admissible as a business record under FRE 803(6) because the source of the information contained therein was never identifi...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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