Supreme Court of Texas
711 S.W.2d 619 (Tex. 1986)
Jerry Robinson (Jerry) worked at Harkins & Co. (Harkins) (defendant) and was provided a company truck. While driving the truck with his wife, Margaret, he got into an accident rendering Margaret paraplegic. Jerry was not seriously injured in the accident. Margaret (plaintiff) brought suit against Harkins on the theory of respondeat superior. After the accident, Jerry disappeared and was not available at trial. In an attempt to prove that Jerry was driving the truck at the time of the accident, Margaret sought to introduce into evidence an injury report Jerry filed with the Industrial Accident Board (IAB) and statements made by Jerry to Margaret, both of which tended to show that Jerry was driving the truck. The trial court excluded this evidence as hearsay. The court of appeals affirmed. Margaret appealed.
Rule of Law
Holding and Reasoning (Per Curiam)
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