Feagin ex rel. Feagin v. Staton

HEDRICK, Chief Judge.

Plaintiffs contend the trial court erred in excluding testimony from plaintiff Donald Feagin concerning statements made by Jack McFadder. McFadder had discussed the condition and safety of the dumpster, as he found it after the accident, with Feagin. This testimony was properly excluded as hearsay, and it was not admissible as an admission, even though defendant Faulkner employed McFadder as an ambulance driver, since there was no evidence that McFadder’s employment related to the dumpster or that Faulkner had authorized him to make any statements regarding the dumpster.…