Robinson v. Harkins & Co.
Supreme Court of Texas
711 S.W.2d 619 (Tex. 1986)
Jerry Robinson, an employee of Harkins & Co. (defendant), was driving a company truck with his wife Margaret (plaintiff) when they crashed, leaving Margaret paraplegic; Jerry then disappeared and was unavailable at trial. To prove Jerry was driving at the time, Margaret sought to introduce an injury report Jerry filed with the state's Industrial Accident Board and separate statements he made to her, both indicating he was behind the wheel, but the trial court excluded all of it as hearsay and the court of appeals affirmed.
Whether a statement that was, at the time it was made, so contrary to the declarant's pecuniary, penal, or social interest that a reasonable person in his position would not have made it unless it were true is admissible.