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MILLER v. CROWN AMUSEMENTS, INC.

No. CV 492-228.

821 F.Supp. 703 (1993)

David M. MILLER, Plaintiff, v. CROWN AMUSEMENTS, INC. and Dewey Lee Futch, Defendants.

United States District Court, S.D. Georgia, Savannah Division.

April 6, 1993.

Attorney(s) appearing for the Case

Gilbert Laird Stacy, Jones, Boykin & Associates, Savannah, GA, John Huggard, Raleigh, NC, for David E. Miller.

Joseph A. Mulherin, III, Frank Wilkens Seiler, Bouhan, Williams & Levy, Savannah, GA, for Crown Amusements, Inc. and Dewey Lee Futch.

A. Mark Lee, Barrow, Sims, Morrow & Lee, Savannah, GA, for State Farm Mutual Auto Ins. Co.

ORDER

EDENFIELD, Chief Judge.

The Plaintiff moves the Court to render a pretrial determination of the admissibility of a 911 phone call made by an unidentified person shortly after an accident occurred. For reasons stated below, the Court finds that this evidence falls within the present sense exception to the hearsay rule, and, therefore, finds that this evidence is ADMISSIBLE.

FACTS

On October 14, 1990, the Plaintiff, David...

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