- Baker v. Elcona Homes Corp. (6th Cir 1979)
- intersection collision b/t car and truck; no witnesses; Slabach (driver of Elcona Homes truck) survives; all passengers in the Valiant die; question of who had right of way
- cop Henderson, arriving at scene, interviews S while he’s conscious, writes report concluding that Valiant had a red light
- after H got off the stand (w/o being asked about his opinion re fault), Elcona introduced the report
- holding: this report can be included under FRE 803(8)
- ct quickly disposes of 803(8)(B) issue – it was H’s job to investigate accidents
- question is whether this is “factual findings” under (C)
- narrow reading: H’s opinion isn’t a factual finding, but an inference drawn from factual findings
- ct rejects this narrow finding, as does SC in a later case
- rationale of the rule, as applied to these facts
- skill of the official
- timeliness of the report after the event – deals with memory concern
- motivational problems – does report author have axe to grind? trustworthiness
- note: report itself can be admitted under 803(8); can’t be admitted as proof of the truth of S’s statement unless there’s another hearsay exception invoked to cover that bit
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Thursday, September 6, 2012
Baker v. Elcona Homes Corp. case brief
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