Casualty Insurance Co. v. Salinas
Texas Court of Civil Appeals
343 S.W.2d 106 (Tex. Civ. App. 1960)
After Salinas (plaintiff) was injured on the job and brought a workers' compensation claim against his insurer, Casualty Insurance Co. (defendant), CIC's doctors testified at trial that Salinas wasn't seriously injured; to rebut that testimony, Salinas called three witnesses to testify that he had repeatedly complained of pain after the injury, but the trial court excluded this testimony and ruled for CIC. The intermediate appellate court reversed, finding the testimony admissible, and CIC appealed.
Whether an out-of-court statement describing the declarant's pain or physical condition at the time the statement was made is admissible to prove that then-existing physical condition.