Benjamin v. Tandem Healthcare, Inc.

I respectfully dissent because I disagree with the majority’s conclusion that the testimony of a Tandem employee was improperly excluded.

Hearsay is defined as “a statement, other than one made by the declai’ant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” § 90.801(l)(c), Fla. Stat. (2009). It is “generally inadmissible because the declarant does not testify under oath, the factfinder cannot observe the declarant’s demeanor, and the declarant cannot be cross-examined.” Dorsey v. Reddy, 931 So.2d 259, 266 (Fla. 5th DCA 2006)…