Paul, driving his car, collided with a travel tour bus drive…
Paul, driving his car, collided with a travel tour bus driven by Faustino. Ron owned the travel tour bus. Faustino was the lead driver and trained other drivers. Ron immediately fired Faustino after the accident. Paul suffered a broken arm. Paul sued both Faustino and Ron’s company for personal injuries and negligence. At trial the following happened: Paul testified, “After the crash, I, within seconds, ran over and looked at Faustino closely. Faustino was bleeding from his ears and nose. He was moving his arms wildly. He seemed to be really hurt and very agitated. Faustino screamed, ‘Oh my God! This never would have happened if I was not late and rushing to pick up my scheduled senior citizen tour! Why? Why? Why?’” Defense counsel called an Emergency room doctor to testify. As she was treating Paul in a private room, she asked Paul how he broke his arm. Paul said, “Please don’t tell. As I was driving, I dropped my cell phone. I was looking down for it when the crash happened. My arm hit the door hard.” Assume all objections were timely made. Were each of these statements properly admitted? Answer using CEC and FRE where applicable.
Read DetailsPat filed a personal injury suit against Debra in California…
Pat filed a personal injury suit against Debra in California Superior Court arising out of a collision between the cars each was driving. Pam alleged injury to her back. At trial, Pam, who is present during the trial, offered, over Debra’s objection, the testimony of Pam’s husband that she had told him on several occasions: “My back has been hurting me ever since the accident.” How should the court rule on Debra’s objection?
Read DetailsAt a contract dispute trial, the plaintiff offered to testif…
At a contract dispute trial, the plaintiff offered to testify to what the defendant said in a private conversation between the two of them, which the plaintiff had secretly recorded on an audiotape that she did not offer in evidence. Is the plaintiff’s testimony admissible?
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