Tyrrell v. Wal-Mart Stores, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed with costs, and a new trial ordered.

While shopping with her husband in a Wal-Mart store, plaintiff slipped and fell on a white, jelly-like liquid. She commenced this personal injury action against Wal-Mart. At trial, her husband sought to testify that immediately after the fall, an unidentified Wal-Mart employee stated, “I told somebody to clean this mess up.” Defendant argued that the statement was hearsay and that plaintiff failed to establish the applicability of an exception to the hearsay rule.…