A pedestrian was injured by an intoxicated driver and subseq…
A pedestrian was injured by an intoxicated driver and subsequently sued your client, a nightclub, for allegedly serving too much alcohol to the driver. At trial, you called the nightclub’s bartender to the stand. Surprisingly, the bartender testified that she served the driver approximately nine margaritas on the night in question. You question the bartender about her deposition testimony, in which she said that she had served the driver one margarita and then “cut him off” because he seemed too intoxicated. The bartender denies having made the statement, and you seek to admit the deposition statement into evidence. Is this likely to be permissible? Select one.
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