Wilson v. Zapata Off-Shore Co.

Elizabeth Wilson (plaintiff) sued her former employer, Zapata Off-Shore Company (defendant), for sex discrimination and emotional distress. During a relevant period she was hospitalized and treated for anxiety. At trial, Zapata introduced a hospital record containing a statement by Wilson's sister to a social worker that Wilson was a habitual liar. The district court admitted the record over Wilson's objection. Substantial other evidence also suggested Wilson was not credible. The court ruled for Zapata, and Wilson appealed.

Whether a statement contained in a business record, made by a source not employed by or acting in the regular course of the business, must fall within another hearsay exception to be admissible.