Bynote v. National Super Markets, Inc.

ROBERTSON, Judge.

We granted transfer in this case to consider whether the contents of a conversation between employees of a defendant business, overheard by an injured invitee immediately after a slip and fall, are admissible to establish defendant’s knowledge of a dangerous condition. The trial court admitted the evidence of the employees’ statements and the jury returned a verdict for the plaintiff.

The Court of Appeals, Eastern District, concluded that the plaintiffs testimony was inadmissible hearsay, held that the plaintiff failed to make a submissible case, and reversed the judgment of…