Evidence that the defendant drove recklessly on a prior occa…
Evidence that the defendant drove recklessly on a prior occasion is material because it speaks to the question of his negligence. However, it is not sufficiently probative of the issue of negligence on this particular occasion, and is therefore not relevant.
Read DetailsA plaintiff was injured in an automobile accident when her c…
A plaintiff was injured in an automobile accident when her car was hit by a pickup truck driven by the defendant. At trial of her personal injury action, the plaintiff alleges that the defendant was driving on the wrong side of the road in excess of the posted speed limit. The defendant denies these allegations and denies liability for the accident. The plaintiff seeks to introduce evidence that the defendant has a reputation in the community for being a daredevil and for being somewhat irresponsible. In fact, the plaintiff’s witness would testify that the defendant is known by all his friends as “the Menace.” Is the proffered testimony admissible?
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