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Sana v. Hawaiian Cruises, Ltd.

United States Court of Appeals for the Ninth Circuit
181 F.3d 1041 (9th Cir. 1999)


Sana (plaintiff) was employed by Hawaiian Cruises (defendant) and allegedly became sick while at work. Because “a seaman who falls ill while in the service of his vessel is entitled to . . . maintenance and cure,” Sana brought suit. At trial he sought to introduce into evidence certain testimony of Don Beaudry, the president of Hawaiian Cruises’s insurance company. Beaudry sought to testify to a report created by Rutherford, one of his employees. The report contained statements by Sana’s coworkers to Rutherford about statements made by Sana indicating that he felt sick while at work. Therefore Beaudry’s testimony contained three levels of hearsay: Rutherford’s report, Sana’s coworkers’ statements to Rutherford, and Sana’s statements to his coworkers. The trial court excluded Rutherford’s report and found in favor of Hawaiian Cruises. Sana appealed.

Rule of Law


Holding and Reasoning (Farris, J.)

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