- Norcon, Inc. v. Kotowski (Alaska 1999)
- business record is a memo by Ford, who works for Purcell, which was working with Norcon on the cleanup; Kotowski is employed by Norcon; after allegations of misconduct against Posehn, Ford does an investigation and writes a memo, which is a business record. In the memo are statements by two employees who say that Posehn had a lot of females in his room and that he would do favors for his female crew in exchange for sexual activity; she wants to get the statements in for their truth
- holding: not error to admit the Ford memo, b/c Coyle and Stampley (the two employees who made statements) were agents speaking at a time when they were employed by Norcon; as supervisors and safety employees, alcohol use and sexual harassment are matters which their jobs required them to report, especially in response to an employer-initiated investigation
- two potential methods for admission
- 801(d)(2) vicarious admission – use 803(6) to allow proof that employees said what the business record said they said, and 801(d)(2) to admit inner level of hearsay (sexual harassment)
- 803(6) business record – use statements of Norcon employees as part of the Ford business record; even though C and S aren’t in the Purcell business, they are in the Norcon business, which is affiliated
- unusual use of 803(6), when there is more than one business involved
- advantage of treating it all as an 803(6) exception is that either side could offer the evidence – under 801(d)(2), only opponent can admit it
Thursday, September 6, 2012
Norcon, Inc. v. Kotowski case brief
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