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Scheerer v. Hardee’s Food Systems, Inc.

United States Court of Appeals for the Eighth Circuit
92 F.3d 702 (8th Cir. 1996)


Cheryle Ann Scheerer slipped and fell in a Hardee’s (defendant) parking lot. Scheerer and her husband (plaintiffs) brought suit against Hardee’s. Immediately after the fall, a Hardee’s employee filled out an incident report form. The employee wrote in the form that the parking lot was dry and not oily, and that Scheerer was wearing slippery shoes at the time of the fall. The form contained instructions that it was to be sent to the Hardee’s local claims office, Risk Management Department, and Area Director of Operations. At trial, Hardee’s sought to introduce the incident report form into evidence. The United States District Court for the Western District of Missouri admitted the form under the business records exception to the hearsay rule. The jury found in favor of Hardee’s. The Scheerers appealed.

Rule of Law


Holding and Reasoning (McMillan, J.)

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