Wild Canid Survival & Research Center
A 3 and 10 month old child crossed
the street and somehow got mixed up with a wolf that was behind
a fence that was chained up.
The child started the key.
A neighbor saw the wolf straddling
the boy and howling.
The custodian of the wolf left a
note on the President door, had a conversation with the
President, and there was a Directors meeting there was minuted
recorded of the discussion of the wolf biting the boy.
Denial of Admission #1 Note to the President
Mr. Poos leaving a note on ,the
President of Wild Canid Survival and Research Center, Mr.
Denial of Statement #2 Sophie bit a child
Mr. Pooss told Mr. Sexton that
Sophie bit a child that day.
Denial of Minutes #3 legal aspect discussion
Mr. Poos was not present at the
Legal aspects of the incident of
Sophie biting the child were discussed in great detail.
Jury Verdict for the defense
Trial Judge Rationale
The trial judge's rationale for
excluding the note, the statement, and the corporate minutes,
was the same in each case.
He reasoned that Mr. Poos
did not have any personal
knowledge of the facts,
two admissions were based on hearsay;
The third admission contained in the
minutes of the board meeting was subject to the
same objection of hearsay,
and unreliability because
of lack of personal knowledge.
Note is not hearsay
It was [Mr. Poos] own statement,
and as such was clearly different from the report statement of
Mr. Poos had manifested his adoption
or belief in its truth.
Statement (Servant, Scope, during relationship)
The statements were made by Mr. Poos
when he was an agent or servant of the Wild Canid Survival and
The statement concerned a matter
within the scope of his agency or employment.
The statement was made during the
existence of that relationship.
There was not servant, or agency,
relationship which justified admitting the evidence of the board
minutes as against Mr. Poos.
He was non-attending and
The evidence is not admissible.
We hold that Rule 403
does not warrant the exclusion
of the evidence of Mr. Poos' statements as against himself or
Wild Canid Survival and Research Center, Inc.
FRE 403 Reasoning
But the limited admissibility of the
corporate minutes, coupled with the repetitive nature of the
evidence and the low probative value of the minute record, all
justify supporting the judgment of the trial court under Rule
The judgment of the District Court
is reversed and the matter remanded to the District Court for a
new trial consistent with this opinion.