Browne v. Turner Const. Co

In Browne v. Turner Const. Co. (2005) 127 Cal.App.4th 1334, in a negligence action by an employee who had been injured by a fall at a construction site, the defendants objected that deposition testimony offered by the plaintiff was hearsay "insofar as it asserted that defendants 'wanted' the hydraulic lifts removed." (Id. at p. 1348.) The testimony, however, was found not hearsay because "none of the challenged testimony purported to recount 'a statement,' let alone to prove what was 'stated.'" (Id. at pp. 1348-1349.)