SHERMAN V. BURKE CONTRACTING, INC.
891 F.2d 1527 (1990)
NATURE OF THE CASE: This was a suit to recover for racial discrimination.
FACTS: Sherman (P) sued Burke Contracting, Inc. (D) for two acts of racial
discrimination. At trial and to prove that D caused P's new employer to fire him, P
introduced into evidence a tape recording of a conversation he had with his new employer
(Palmer) a few weeks before P left that employ. The tape was recorded without the knowledge
of Palmer and that Palmer stated that D urged him to fire P for complaining about D to the
EEOC. During trial, Palmer denied the conversation, and the jury was dismissed and the
matter was played out before the court regarding the admission of the evidence to impeach
Palmer. D objected to the admission of the evidence on grounds that the recording was
inaudible but raised no objection on hearsay grounds nor was there any request for limiting
instructions to inform the jury that the tape was only admitted solely to impeach Palmer.
The tape was admitted into evidence and P used it to prove the truth of the matter asserted.
D appealed indicating that it was the court's duty sua sponte to issue a limiting
instruction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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