Miller v. Keating
United States Court of Appeals for the Third Circuit
754 F.2d 507 (1985)
Carol Miller (plaintiff) swerved into the left lane to avoid a stalled car and was struck by a truck driven by Lawrence Keating (defendant) in a multi-vehicle accident, and she sued for her resulting injuries. At trial, over Miller's objection, the judge admitted testimony from bystanders Kenneth and Elfriede Parris that, just after the accident, they heard an unidentified voice say something like 'the bastard tried to cut in,' though the Parrises could not identify who said it; given the conflicting testimony about which vehicle caused the accident, this testimony may have significantly influenced the jury's verdict denying Miller damages.
Whether an unidentified declarant's statement about a startling event or condition is admissible under the excited utterance exception to the hearsay rule only if the declarant personally observed the event and made the statement while under the resulting stress of excitement and before having time to reflect and fabricate.