Brookover v. Mary Hitchcock Memorial Hospital

893 F.2d 411 (1st. Cir. 1990)

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Nature of the Case

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Facts

Brookover (P) was in a hospital trying to control his epileptic seizures. He had to urinate and buzzed for nurse assistance. No nurse came, so P tried to go to the restroom by himself. He fell while going to the restroom and broke his hip. Finally, a nurse came to help him. P sued the hospital, Mary Hitchcock Memorial (D). He claimed that the nurse did not respond to his call in a reasonable amount of time. At trial, the Court allowed P's mother to testify that P told her that he 'waited and waited' but no one came to help. The jury awarded him damages. D appealed, claiming that the mother's statements should not have been admitted under the residual hearsay exception because they did not meet the trustworthiness requirement.