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DONOVAN v. SEARS ROEBUCK & CO.

Civ. A. No. 91-12082-RCL.

849 F.Supp. 86 (1994)

Charles D. DONOVAN, Administrator of the Estate of Leo C. Donovan, Plaintiff, v. SEARS ROEBUCK & CO., Maben Manufacturing, Inc., and Super Sagless Corporation, Defendants. SEARS ROEBUCK & COMPANY and Maben Manufacturing, Inc., Third-Party Plaintiffs, v. SUPER SAGLESS CORPORATION, Third-Party Defendant.

United States District Court, D. Massachusetts.

March 16, 1994.

Attorney(s) appearing for the Case

James R. McMahon, Jr., Law Offices of James R. McMahon, Jr., Buzzards Bay, MA, for Charles D. Donovan.

Deborah K. Blum-Shore, Joseph J. Leghorn, Warner & Stackpole, Kenneth A. Latronico, Casey, Latronico & Whitestone, James G. Bynoe, Latronico & Whitestone, Boston, MA, for Sears, Roebuck & Co., Inc.

Kenneth A. Latronico, Casey, Latronico & Whitestone, James G. Bynoe, Latronico & Whitestone, Boston, MA, for Maben Mfg., Inc.

Robert H. Gaynor, Sloane & Walsh, Boston, MA, for Super Sagless Corp.

LINDSAY, District Judge.

The defendants have moved in limine to exclude all testimony concerning statements of the plaintiff's decedent describing the incident that gave rise to this action. The defendants argue that such testimony is hearsay, inadmissible under Rule 802 of the Federal Rules of Evidence. The plaintiff counters that the testimony in question is admissible because Rule 601 of the Federal Rules of Evidence...

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