Kemp v. Balboa
United States Court of Appeals for the Eighth Circuit
23 F.3d 211 (8th Cir. 1994)
Kemp (plaintiff), a prisoner permitted to keep epilepsy medication in his cell, suffered repeated seizures and self-injury after prison guard Balboa (defendant) repeatedly confiscated and destroyed his medicine. At trial, prison nurse Vicki Maness testified that Kemp had failed to pick up his medicine on several occasions, but admitted on cross-examination she wasn't working on the days in question and that her only source for this claim was Kemp's medical chart, which she hadn't filled out herself. Kemp moved to strike her testimony for lack of personal knowledge; the trial court denied the motion, and the jury awarded Kemp only $1.00 in nominal damages. Kemp appealed.
Whether a lay witness may testify about something of which he or she does not have personal knowledge.