497 S.W.2d 283 (Tex. 1973)
Respondents' decedent, employee of petitioner trucking company, was killed when a parked truck that was unattended by driver rolled forward and crushed him. Respondents brought suit, and jury returned verdict against petitioner. The appellate court affirmed.
- The court reversed and remanded for a new trial.
- The court held that evidence of driver's negligence must be admissible against petitioner to support judgment against petitioner.
- The court found that the evidence offered was hearsay and that none of it was admissible under any hearsay-rule exception in Texas law.
- The court rejected respondents' argument that driver's statements to police after the accident qualified against petitioner as admissions of a party, holding that no facts had been introduced to show that petitioner authorized driver to speak about the accident.
- Court also held that driver's statements could not qualify as spontaneous exclamations because court required proof that declarant was not available to testify at trial.
Court reversed and remanded for a new trial, finding that none of the evidence supporting judgment was admissible because it did not qualify under any of the hearsay-rule exceptions in Texas law.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.