A pedestrian was hit by a truck while crossing the street, a…
A pedestrian was hit by a truck while crossing the street, and the truck left the scene. Eventually a passerby discovered the pedestrian and called 911. When paramedics arrived an hour later, the pedestrian was drifting in and out of consciousness. As the paramedic assessed the pedestrian’s wounds, the pedestrian murmured, “It’s no use, I’ll be dead before we get to the hospital. The truck ran the stop light.” The driver of the truck was eventually identified by law enforcement. The pedestrian survived his injuries and filed a personal injury lawsuit against the driver but then died of causes totally unrelated to the accident before the case went to trial. In accordance with the laws of the jurisdiction, the pedestrian’s estate is substituted for the pedestrian as plaintiff. At trial, the pedestrian’s estate seeks to call the paramedic to testify to the pedestrian’s statement. Is the paramedic’s testimony admissible?
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