Big Mack Trucking Co., Inc. v. Dickerson

Texas Supreme Court

497 S.W.2d 283 (1973)

June 27, 1973

At common law, statements made by employees are admissible only against the employer when they are authorized by the employer. Under Federal Rules of Evidence 801(d)(2)(D), statements made by employees are admissible against the employer so long as such statements concerned a matter within the scope of his or her employment.

Relevant Facts

Leday and Dickerson, both employees of Big Mack Trucking Company (the defendant), were driving through Texas to the same destination. On the way, they stopped at the same truck stop. Leday had problems with the air pressure in his brake. Thereafter he got out of his truck. Due to the issues with the brakes, Leday’s truck started rolling towards Dickerson’s truck and the two trucks collided. Dickerson was crushed between the two vehicles and was instantly killed. At trial, witnesses made statements as to what Leday said. Additionally, Leday made statements to an investigating officer at the scene.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 19, 2020

Judicial Opinion

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Procedural History

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Citations

497 S.W.2d 283 (1973)