The Jewells’ (plaintiff) car was struck by a CSX Transportation, Inc. (CSX) (defendant) train. Greg Jewell was killed and his wife, Sheila, and daughter, Brittney, were injured. The Jewells brought suit. The district court admitted into evidence testimony of six individuals whom Brittney had spoken to after the accident. Each testified that Brittney told them that her parents were arguing right before the accident and that when she told them a train was coming, they told her to be quiet. The jury found in favor of CSX. The Jewells appealed on the grounds that Brittney’s statements should not have been admitted. Specifically, they argued that she suffered from brain damage as a result of the accident and that it was possible that she overheard other people speculating over the cause of the accident, implanting an argument between her parents in her memory.