Schindler v. Seiler

474 F.3d 1008 (7th Cir. 2007)

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Nature of the Case

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Facts

P brought this action alleging that D had defamed him by informing a third party, Dr. Kerry White, that P was a 'bad doctor' who had 'paralyzed four patients.' The only evidence offered by P to prove that these statements were made was his testimony that Dr. White had said to him, 'D is downstairs right now and just told me that you paralyzed four patients.' The] court ruled that P's testimony about what Dr. White had said to him was inadmissible hearsay. D was granted and summary judgment and P appealed. P argues that the district court erred in excluding his testimony because his testimony is not being offered to prove the truth of the matter asserted, i.e., that Dr. Schindler paralyzed four patients, but rather to prove that the defamatory statements were made. P also argues that even if his testimony is hearsay, it is admissible under either the present sense impression exception to the general rule barring hearsay, Rule 803(1), or the unavailable witness exception, Rule 804(a)(3).