Pedersen v. Target Stores
Destiny Pedersen allegedly fell on toys strewn on the floor of a Target store. After hearing the evidence, a jury rendered a verdict for Target. On appeal, Pedersen contends that her case was prejudiced by the hearsay statement of an unidentified eyewitness, who said that her misbehaving child caused plaintiff’s fall. We conclude (1) plaintiff invited the error by presenting the eyewitness statement during her case-in-chief, and later failed to object to the admission of the statement, and (2) even if the issue was preserved for appeal and assuming that the eyewitness statement was inadmissible hearsay, there was no miscarriage of justice sufficient to justify a reversal of the judgment.
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