Gilchrist v. Ozone Spring Water Co.

Lloyd Gilchrist (plaintiff) allegedly suffered injuries when he fell down a staircase at a plant owned by Ozone Spring Water Company (defendant). Gilchrist sued Ozone to recover for his injuries, and the court held a bench trial. At trial, Gilchrist testified that the accident had severely affected his mental, physical, and emotional condition. Gilchrist said that although he had experienced prior injuries and surgeries, he was able to function well in his daily life before the accident. Gilchrist further testified that after the accident, he spent 23 hours of each day in bed. Gilchrist’s wife also testified that Gilchrist’s condition had deteriorated after the accident. After Gilchrist presented his case, the trial judge requested additional evidence of Gilchrist’s medical condition before the accident, including hospital records from Gilchrist’s two previous surgeries and a back strain, reports and notes from three of Gilchrist’s doctors, and Gilchrist’s Social Security records. That additional evidence indicated that before the accident, Gilchrist stayed in bed 22 hours per day, used a cane, was short of breath, could sit for only one hour at a time without pain, could walk for only one to two blocks without pain, and experienced nervousness and trouble concentrating. The records contained statements from Gilchrist and Gilchrist’s wife regarding Gilchrist’s pain level, limits on Gilchrist’s activities, and other physical and mental concerns. The Social Security records also contained an administrative-law judge’s finding that Gilchrist was 100 percent disabled. The trial judge found that Gilchrist was 40 percent at fault for the accident and awarded damages of $193,703.40. Gilchrist appealed to the Louisiana Court of Appeal, arguing that his prior medical and Social Security records were inadmissible hearsay.