Capsel v. Burwell

Plaintiff filed a lawsuit for personal injuries sustained in an automobile collision. The matter proceeded to trial and the jury returned a verdict in favor of the defendant. Plaintiff appealed and argued that the trial court erred in admitting hearsay statements offered through the testimony of a responding officer and in denying plaintiff’s motions for directed verdict, new trial, or JNOV. The appellate court vacated the judgment and remanded for a new trial, finding that the admission of the hearsay evidence was improper and that it was reversible error because the evidence was closely balanced. (ALBRECHT and DAVENPORT, concurring)