Jewell v. CSX Transportation, Inc.

A CSX (defendant) train struck the Jewells' (plaintiffs) car, killing Greg Jewell and injuring his wife Sheila and daughter Brittney. At trial, the district court admitted testimony from six people Brittney spoke to after the accident, each recounting that Brittney told them her parents had been arguing right before the crash and told her to be quiet when she warned them a train was coming. The jury found for CSX, and the Jewells appealed, arguing Brittney's out-of-court statements shouldn't have been admitted because she may have suffered brain damage in the crash and could have simply absorbed others' speculation about the accident's cause into her own memory.