Carol Miller (plaintiff) swerved her car into the left lane of the highway to avoid a stalled car. Lawrence Keating (defendant) was driving his truck in the left lane and hit Miller's car. Miller suffered injuries in the accident and sued Keating for damages. The accident involved several other vehicles, one of which was occupied by Kenneth and Elfriede Parris. The judge admitted the Parrises' testimony that just after the accident they heard someone say, "the bastard tried to cut in," or similar words. The Parrises could not identify the declarant. Given the profusion of conflicting testimony regarding which of the several vehicles caused the accident, the Parrises' testimony may have played a significant role in convincing the jury to deny Miller damages. Miller appealed to the United States Court of Appeals for the Third Circuit, arguing the judge erred in admitting the Parrises' testimony.