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Rudzinski v. Warner Theatres
Wisconsin Supreme Court
16 Wis. 2d 241, 114 N.W.2d 466 (1962)
Facts
Helen Rudzinski (plaintiff) was walking in the lobby of a movie theater owned by Warner Theatres, Inc. (Warner) (defendant). There were wet spots on the lobby floor, which caused Rudzinski to slip and fall. After the accident, an usher named Kuntz told a janitor, “Now you come when it’s too late, after someone falls. Why didn’t you come a half hour ago when I called you?” Kuntz and the janitor were both employees of Warner. Later, Rudzinski brought suit against Warner. At the trial court, Rudzinski introduced Kuntz’s statement. The statement was offered to prove that Kuntz was aware of the wet spots on the lobby floor a half hour before the accident occurred. The trial court ruled that Kuntz’s out-of-court statement was inadmissible. Subsequently, the trial court entered a directed verdict in favor of Warner. Rudzinski appealed.
Rule of Law
Issue
Holding and Reasoning (Currie, J.)
Concurrence (Gordon, J.)
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