Scheerer v. Hardee's Food Systems, Inc.

Cheryle Ann Scheerer slipped and fell in a Hardee's (defendant) parking lot, and immediately afterward, a Hardee's employee filled out an incident report stating the lot was dry and that Scheerer wore slippery shoes, with instructions directing the form to Hardee's local claims office, Risk Management Department, and Area Director of Operations. At trial in the Scheerers' (plaintiffs) suit against Hardee's, the district court admitted the incident report under the business-records exception to the hearsay rule, and the jury found for Hardee's; the Scheerers appealed the admission of the report.