Yates v. Ford Motor Co.
United States District Court for the Eastern District of North Carolina
No. 5:12-CV-752-FL, 2015 U.S. Dist. LEXIS 64309 (2015)

- Written by Sean Carroll, JD
Facts
Rebecca and Graham Yates (collectively, Yates) (plaintiffs) sued Ford Motor Company (Ford) (defendant), alleging that Graham was harmed due to exposure to asbestos. At trial, Yates sought to introduce a pamphlet issued by the Environmental Protection Agency (EPA) entitled Guidance for Preventing Asbestos Disease Among Auto Mechanics (the Gold Book). The Gold Book was based on EPA research into the hazards of asbestos and contained factual assertions as well as opinions based on scientific knowledge. The Gold Book was published to the public. Ford filed a motion to exclude the Gold Book on the ground that it was inadmissible hearsay because it did not satisfy the trustworthiness requirement of Federal Rule of Evidence 803(8). Ford argued that the report was based on scientific reports made by individuals outside the EPA and that Ford had no chance to question those individuals like it would an expert witness testifying at trial.
Rule of Law
Issue
Holding and Reasoning (Flanagan, J.)
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