Jordan v. Binns

Betty Jordan (plaintiff) lost both legs in a car accident with Kelly Binns (defendant), and at the scene, Betty told Binns the accident was her own fault. Ted Jordan (plaintiff), Betty's husband, arrived shortly after and told Binns, a police officer, and an insurance adjuster that Betty had said the accident was not Binns's fault — the opposite of what Betty had actually told Binns. The Jordans sued Binns for negligence and loss of consortium, and over their objection, the district court admitted Ted's statements recounting Betty's account; the jury found for Binns, and the Jordans appealed, arguing Ted's statements were inadmissible hearsay because they merely repeated what Betty had said rather than being Ted's own original assertion.