Slip and Fall Injury In a Restaurant In Ohio
In Cordle v. Bravo Dev., Inc., Franklin App. No. 06AP-256, 2006 Ohio 5693, the plaintiff slipped and fell in a restaurant.
After the fall, an employee stated that "something had spilled earlier in the day and that the floor was freshly waxed." Id. at P 16.
The Tenth District Court of Appeals noted that "factual assertions made by an employee, that are within the knowledge and scope of that employee's employment are admissible." Id.
The Tenth District found that the employee's statements were ones of fact, not law, and were "well within the scope of the employee's knowledge and employment." Id.
Therefore, the Tenth District held that the statements were admissible and were non-hearsay under Evid. R. 801(D)(2)(d), which allows admissions of party opponents, made by an agent or servant within the scope of employment, during the existence of the employment. Id. at P 15-17.