Kirksey v. Schindler Elevator Corp.

2016 U.S. Dist. LEXIS 168260 (2016)

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Kirksey v. Schindler Elevator Corp.

United States District Court for the Southern District of Alabama
2016 U.S. Dist. LEXIS 168260 (2016)

SC

Facts

Jakobe Kirksey fell off the railing of an escalator to his death. Jakobe’s mother, Tyra Kirksey (plaintiff) sued Schindler Elevator Corporation (Schindler), the elevator manufacturer, as well as Sears Roebuck & Company (defendants), which owned the store where the accident occurred. In the summary-judgment record, Kirksey included materials that her expert witnesses relied on but that were inadmissible in evidence. These included articles and other literature that were inadmissible hearsay. Schindler filed a motion to strike these materials.

Rule of Law

Issue

Holding and Reasoning (Steele, C.J.)

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