Marjetta Wilkinson v. Carnival Cruise Lines, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that a cabin steward’s statement regarding a defective door was not within the scope of his employment and therefore, inadmissible under Fed. R. Evid. 801(d)(2)(D)
• holding that “it is [not] necessary to show that an employee or agent declarant possesses ‘speaking authority,’ tested by the usual standards of agency law, before a statement can be admitted against the principal”
• holding that it was reversible error for District Court to admit employee’s testimony under Rule 801(d)(2)(D) where “plaintiff has offered not one whit of evidence … to lay a predicate for the admissibility of the statement”
• excluding an employee’s statement that the employer “had been having problems” with an accident-causing condition because the plaintiff failed to show that the employee was speaking on a matter within his scope of employment
• same and collecting 24 cases

Source: CourtListener parenthetical corpus (CC0).