Johnson v. Misericordia Hospital Case Brief
Summary of Johnson v. Misericordia Hospital, 97 Wis.2d 521 (1980)
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?
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.