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Jordan v. Binns

United States Court of Appeals for the Seventh Circuit
712 F.3d 1123 (7th Cir. 2013)


Facts

Betty Jordan (plaintiff) was in a car accident with Kelly Binns (defendant) that resulted in the amputation of Betty’s legs. At the scene of the accident, Betty told Binns that the accident was Betty’s fault. Ted Jordan (plaintiff), Betty’s husband, arrived at the scene shortly after the accident. Ted told Binns, as well as a police officer and an insurance adjuster, that Betty had said the accident was not Binns’s fault. The Jordans later brought suit against Binns for negligence and Ted’s loss of consortium. Over the Jordans’ objection, the district court admitted Ted’s statements to Binns, the police officer, and the insurance adjuster, recounting Betty’s statement that the accident was not Binns’s fault. The jury found in favor of Binns. The Jordans appealed, arguing that Ted’s statements were inadmissible hearsay because they were not actually his statements, but merely repetitions of what Betty had said.

Rule of Law

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Issue

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Holding and Reasoning (Tinder, 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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