Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-Appellee

TONE, Circuit Judge.

In the trial of this diversity action for wrongful death, the court excluded a statement of the plaintiff’s decedent, made while he was hospitalized for treatment of the injuries from which he later died. We hold that unless the declarant was not mentally competent when he made the statement, it should have been admitted under the so-called residual exception to the hearsay rule established by Rules 803(24) and 804(b)(5) of the Federal Rules of Evidence. We remand for a determination by the district court of the preliminary question of competence and for a new trial if the…