Scheerer v. Hardee's Food Systems, Inc.

92 F.3d 702 (8th Cir. 1996)

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Nature of the Case

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Facts

Ps visited D's restaurant. A D employee had watered the plants around the restaurant shortly before the accident. P exited the restaurant and was walking across the parking lot when she slipped and fell behind a parked car. Immediately after the fall, a D employee filled out an incident report form and wrote that the parking lot was dry and not oily, and from a friend of P, that P was wearing hard-soled shoes at the time of the fall and they were the cause of the fall. The form required the employee to send it to a local claims office, the Risk Management Department of D and the Area Directo of Operations. Ps sued D. At trial, Ds offered the form into evidence under the business records exception. The trial court agreed. D got the verdict, and Ps appealed.