Aumand v. Dartmouth Hitchcock Medical Center
United States District Court, District of New Hampshire
61 F. Supp. 2d 78 (2009)
After Katherine Coffey's hand swelled following a glucose injection at Dartmouth Hitchcock Medical Center (defendant), her son James approached an unidentified man near the nurses' station who said the injection had gone into the tissue by mistake and that he had "never seen anything like it." Katherine later had fingers amputated and died from a related infection. Her husband and estate's executor, Deborah Aumand (plaintiffs), sued for negligence and sought to admit the man's statement as a party-opponent admission; the hospital moved to exclude it as hearsay since the man was never identified or called as a witness.
Whether circumstantial evidence may identify an unknown speaker as an opposing party's employee to allow the speaker's out-of-court statements as opposing-party admissions.