Estate of Fells ex rel. Boulding v. Unemployment Compensation Board of Review

I respectfully dissent because I disagree with the majority that Dr. Eagle’s letter to Dr.- Zittle falls within any exception to the rule against hearsay. I do not believe that the letter was a representative (vicarious) admission. A statement is not admissible as a vicarious admission unless there is a principal-agent relationship and the person making the statement was authorized to speak for the principal. DeFrancesco v. Western Pennsylvania Water Co., 329 Pa.Superior Ct. 508, 478 A.2d 1295 (1984). Claimant and Dr. Eagle did not have a principal-agent relationship. An agency relationship…