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Turbyfill v. International Harvester Co.

United States District Court for the Eastern District of Michigan
486 F.Supp. 232 (E.D. Mich. 1980)


Plaintiff was looking into buying a truck from defendant’s used car lot. The truck would not start, so Anderson, an employee of the defendant, tried to help the plaintiff and his companion start it. While the plaintiff was pouring gas into the carburetor, his companion started the truck. The engine backfired and ignited the gas can, causing severe burns to the plaintiff. Anderson died prior to trial and the defendant sought to introduce into evidence a handwritten account of the accident, prepared by Anderson in a room by himself right after the accident occurred. The plaintiff objected on the grounds of hearsay. The trial court admitted the handwritten account of the accident. The plaintiff moved for a new trial.

Rule of Law


Holding and Reasoning (Joiner, J.)

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