Albert Ebenhoech (plaintiff) slipped and fell 15 feet off the side of a train tank car, severely injuring his leg. Ebenhoech was working as chief chemical operator at Solutia, Inc., at the time of the accident. Ebenhoech sued Koppers Industries, Inc. (Koppers) (defendant) for spilling a chemical on the car and not cleaning it off before shipping it to Solutia. After the accident, Solutia created an incident report stating the chronology of the incident and claiming the primary cause was Ebenhoech working without fall protection. Koppers attempted to admit the report into evidence as part of its defense. Ebenhoech objected, arguing that the report was inadmissible hearsay.