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BROOKOVER v. MARY HITCHCOCK MEMORIAL HOSP.

No. 89-1340.

893 F.2d 411 (1990)

Leroy E. BROOKOVER, Father and Guardian of Ronald Brookover, Plaintiff, Appellee, v. MARY HITCHCOCK MEMORIAL HOSPITAL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 9, 1990.

Attorney(s) appearing for the Case

Peter W. Mosseau, with whom Jill K. Blackmer and Orr and Reno, P.A., Concord, N.H., were on brief, for defendant, appellant.

Bruce W. Felmly, with whom Joseph D. Leverone and McLane, Graf, Raulerson & Middleton, P.A., Manchester, N.H., were on brief, for plaintiff, appellee.

Before BOWNES, BREYER and BROWN Circuit Judges.

BOWNES, Circuit Judge.

Defendant-appellant Mary Hitchcock Memorial Hospital (Hospital) appeals from a jury verdict holding it liable in this diversity jurisdiction medical malpractice case. The case arose from a fall by a patient, Ronald Brookover (Ronald), in his room at the Hospital. Plaintiff-appellee Leroy E. Brookover is the parent and guardian of Ronald Brookover. There are two issues on appeal: the admission of statements under Fed.R.Evid. 801(d)(2)(D); and...

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