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WRIGHT v. BI-LO

2/22/1994

vents occurring at a different store prior to Wright's employment at the store involved in the present case. Wright told his wife and daughter he had been commended by management for his efforts in helping catch two or three shoplifters. Neither witness testified about the circumstances of Wright's involvement in these incidents. In particular, they did not know whether he simply
ADMISSION OF EVIDENCE


Wright's widow argues the single commissioner erred in allowing the employer's witnesses to testify as to statements made by Wright. She does not argue these statements were inadmissible. In fact, her grounds of appeal to the Full Commission and the Circuit Court conceded the statements were admissible. She contends, however, the single commissioner erred in admitting this testimony after excluding the testimony from her and her daughter. We disagree.


Wright's responses, as related by the employer's witnesses, were not offered to prove the truth of the matter asserted. Indeed, the truth of his responses was irrelevant. The important truths at issue were that the managers told the employee about the store's shoplifter rules and that he responded in a manner that indicated he heard them. Neither of these matters is hearsay.


As noted earlier, there is no argument that the testimony from the employer's witnesses was inadmissible. The only argument is that the testimony of Wright's widow and daughter was equally admissible. Their testimony, however, was inadmissible hearsay, and any error in excluding it was harmless.


AFFIRMED.


BELL, J., and CONNOR, J., concur.






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