Vinyard v. Vinyard Funeral Home, Inc. 435 S.W.2d 392 (1968)
Vinyard (the daughter-in-law of the president of Vinyard
Funeral Home) fell in the Funeral Home's parking lot. She sued for
damages.
The Funeral Home argued that they had no idea that the
ramp was slippery and so couldn't be held responsible.
At trial, the daughter-in-law introduced evidence that
people complained to the Funeral Home's employees that the parking lot was
slippery when wet.
The Funeral Home argued that this testimony was hearsay
and was inadmissible, but the judge allowed it.
The Trial Court found for the daughter-in-law and awarded
$13k. The Funeral Home appealed.
The Appellate Court affirmed.
The Appellate Court noted that the testimony would not be
admissible if it was offered to establish that the parking lot actually
was slippery.
That would be hearsay because you would be
relying on the statements of someone who could not be cross-examined in
order to prove a fact.
However, the Appellate Court noted that the testimony was
admissible if offered only to prove that the employees had been told that
the parking lot was slippery.
