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Player v. Thompson

Supreme Court of South Carolina

193 S.E.2d 531 (1972)

Relevant factsFree

Diane Player (plaintiff), a passenger in a car borrowed by Nancy Carder from Geraldine Thompson (codefendants), was injured when the car skidded on wet pavement, and Player sued both, alleging they knew or should have known the tires were bald. Carder's pretrial statement described how, weeks before the accident, a state inspector told Thompson the car needed new tires and Thompson relayed this to Carder; Player conceded the statement was irrelevant as to Thompson and offered it stripped of Thompson's involvement, but the trial judge excluded it as hearsay prejudicial to Thompson and also barred questioning Carder about the inspection to show notice, leading to a nonsuit that Player appealed.

IssueFree

Whether an out-of-court assertion that is inadmissible as hearsay evidence of the assertion's truth can nonetheless be admissible for a nonhearsay purpose.

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