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Johnson v. Misericordia Hospital, 97 Wis.2d 521 (1980)
Author: Jim
Facts: One doctor employed by D performed surgery on P and P claims was
injured. P sues D for negligent hiring of doctor and wants to present
evidence of restrictions placed on the doctor in other hospitals and his bad
record. D claims this evidence is hearsay.
Issue: Was this evidence to prove the info available to D at the time
of hiring hearsay?
Holding: No
Rationale: This info was not presented to prove the truth of the matter
asserted (that the doctor was incompetent) but rather this info was only to show
what was available to D at the time it hired the doctor. D can ask for
limiting instructions but the evidence is admissible.
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