526 F.2d 470 (2d Cir. 1975)
Appellant employee brought an action pursuant to the Federal Employers' Liability Act, 45 U.S.C.S. § 51 et seq., and the Federal Safety Appliance Act, 45 U.S.C.S. § 1 et seq., alleging that he suffered a disabling injury during the course of his employment with the debtor in reorganization. Appellee trustees in reorganization sought to rebut appellant's allegations of a faulty brake with evidence that the brake functioned properly immediately prior to and after the accident. In support of their interpretation of the events, appellees offered into evidence a personal injury report and an inspection report.
- The court affirmed the judgment in favor of appellees, rejecting appellant's argument that the reports were improperly admitted into evidence.
- The court held that the reports were business records within the meaning of 28 U.S.C.S. § 1732.
- Further, the admissibility was not affected by the fact that the accident report was prepared by an employee who had neither firsthand knowledge of the accident not had inspected the purportedly defective car and brake.
- The court also rejected appellant's challenges to the district court's jury instructions.
The court affirmed a judgment entered in favor of appellee trustees in reorganization in appellant employee's action for personal injuries pursuant to the Federal Employers' Liability Act and the Federal Safety Appliance Act. The district court properly admitted evidence of a personal injury report and an inspection report because the reports were trustworthy and were business records pursuant to the Federal Business Records Act.
Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.