Wright v. James A. Brown Enterprises, LLC

No. 2012-CA-001533-MR, 2014 Ky. App. Unpub. LEXIS 53 (2014)

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Wright v. James A. Brown Enterprises, LLC

Kentucky Court of Appeals
No. 2012-CA-001533-MR, 2014 Ky. App. Unpub. LEXIS 53 (2014)

Facts

Connie Wright (plaintiff) fell down a short flight of stairs at a Ramada Inn owned by James A. Brown Enterprises, LLC (the hotel) (defendant). Wright claimed that she fell from the second-from-the-bottom step on the stairs. The hotel claimed that Wright fell from the bottom step. At trial, Wright sought to introduce a statement she made to staff at the emergency room (ER) indicating that she had fallen down two steps. The statement was written down in a record purportedly made by ER personnel. The trial court excluded the record on the ground that Wright did not properly lay a foundation for its admission under Kentucky Rule of Evidence 803(6). The jury returned a verdict in the hotel’s favor. Wright appealed.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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