TURBYFILL V. INTERNATIONAL HARVESTER CO
486 F.Supp. 232 (1980)
NATURE OF THE CASE: This was a personal injury action. On motion for a new trial.
Turbyfill (P) motioned for new trial in personal injury action, alleging errors in the
conduct of the previous trial.
FACTS: Turbyfill (P) was interested in purchasing a truck from Defendant's (D) used car
lot. When the truck wouldn't start, Anderson, D's mechanic, helped start it. P was pouring
gasoline into the engine while someone else tried to start it. The engine backfired and
ignited the can P was holding. P suffered severe burns. At trial D offered, and the court
admitted, an unsworn, handwritten account of the accident made by Anderson. Anderson died
prior to trial, but Brown, his supervisor, testified that on the day of the accident, he had
instructed Anderson to go into a room and write down everything that had happened. Brown did
not witness the accident. He testified that the document being offered by D was the document
he had instructed Anderson to write, and that Anderson had signed it in his presence. The
document was read to the jury, but the court did not allow them to see it. P objected to
admission of the statements on the ground that, because it did not fall into any of the
specific objections to the hearsay rule contained in Ruled 803 and 804, it was inadmissible
under the general rule barring hearsay. D argued that the document was admissible under Rule
804 (b)(5).
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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