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Foradori v. Harris

United States Court of Appeals for the Fifth Circuit
523 F.3d 477 (2008)

Written by Nathan Benedict, JD

Facts

Michael Foradori (plaintiff) sued Garious Harris (defendant) in Mississippi state court for injuries Foradori sustained when one of Harris’s employees assaulted him. The case was removed to federal court. Under Mississippi law, proof that medical bills were paid or incurred served as prima facie evidence that such bills were necessary and reasonable. Foradori presented medical bills to support his claim for damages. Harris objected, contending that the bills were unauthenticated and hearsay and that Foradori lacked personal knowledge of their contents. The trial court admitted the bills, holding that under Federal Rule of Evidence 302, Mississippi’s rules of evidence controlled. The jury found for Foradori, and Harris appealed.

Rule of Law

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Issue

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Holding and Reasoning (Dennis, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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