The final question is whether any of the contents of the Quality Control Inspector's report would be admissible against Toors.

That requires consideration of statements at each level of hearsay (Elliott's statements to the inspector, and the Inspector's report). If you would like to review the facts, the problem is immediately below the following line of asterisks.

Because some of you may not have reached hearsay exceptions yet, we will give you a hint. Federal Rule 803(3) is a hearsay exception for, among other things, statements "of the declarant's then existing . . . physical condition. . . ."

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George Elliott has brought an action against Toors, Inc., alleging that he injured his ankle on the upper deck of Toors double-decker tour bus during a tour of downtown Jackson, Mississippi.

He will offer into evidence against Toors a written accident report, prepared by Toors' in-house Quality Control Inspector, two weeks after the incident. The relevant portion of the report is:

Elliott reports that he slipped and fell on a slick place on the floor of the upper deck of the bus. He says that he suffers considerable pain in his left ankle when he walks, and that this injury is a major setback to his dance career.

Elliott's statement that his ankle hurt.

Elliott's statement about the alleged cause of his injury.

The Quality Control Inspector's Report as to cause and Elliott's dance career.

Elliott's statement about his dance career.

The Quality Control Inspector's report as to Elliott's statement of pain.