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Evidence Keyed to Park
Aumand v. Dartmouth Hitchcok Medical Center
Citation:611 F.Supp.2d 78 (2009)
The plaintiffs, who are the executor of the estate of Katherine Coffey and Coffey’s widower, Francis Coffey, have sued Dartmouth Hitchcock Medical Center, alleging her hospitalization there, leading to an infection, the amputation of parts of her hand, and ultimately her death. The hospital challenged the admissibility of a statement that was allegedly made to Coffey’s son, James, by a man he encountered upon leaving his mother’s hospital room at the center after she had received the injections of glucose. The plaintiffs say that the man’s statement to James is admissible as an admission by a party-opponent. Dartmouth Hitchcock objects that, in light of James’ inability to recall anything about the man who made the statement, the plaintiffs cannot show that he even was the hospital’s employee, let alone that the subject of the statement, Coffey’s condition, was within the scope of any such employment.
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