Reagan v. Brock

628 F.2d 721 (1st Cir. 1980)

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Nature of the Case

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Facts

P sued D alleging that D served her food which made P sick. During the trial, D was testifying about a phone call where she questioned the doctor at the hospital that P was at and stated, “Well, he said that from the tests they had done that there was no reason to believe that her problem had anything to do with the food.” P objected and the court stated, “I will let it stand. Could have been objected to before the question was answered.” P now argues it was error to allow the answer. D prevailed and P appealed. P argues that the court erred in ruling that her counsel should have objected to the question rather than to the answer because the question does not strictly call for a hearsay response.