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GAINER v. WAL-MART STORES EAST, L.P.

Case No. 2:11-cv-14331.

933 F.Supp.2d 920 (2013)

Diane GAINER, Plaintiff, v. WAL-MART STORES EAST, L.P., Defendant.

United States District Court, E.D. Michigan, Southern Division.

March 28, 2013.

Attorney(s) appearing for the Case

Brian L. Fantich , Law Office of Michael G. Kelman, P.C., Farmington Hills, MI, for Plaintiff.

Nicole M. Wright , Zausmer, Kaufman, Farmington Hills, MI, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

This relatively simple slip-and-fall case presents a law school examination-type question which tests the boundaries of the present sense impression and excited utterance exceptions to the general prohibition against hearsay testimony. Specifically, it examines the extent to which hearsay statements themselves can be used to prove...

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