Defendant was driving a driver lawn mower while cutting the…
Defendant was driving a driver lawn mower while cutting the grass in an apartment complex. His co-worker, Alpha, approached him and said, “You better slow down – you’ve been warned by the boss that you drive that thing too fast.” Defendant subsequently hit Plaintiff with the lawnmower, and Plaintiff sued Defendant and his employer in negligence. Plaintiff seeks to introduce Alpha’s statement. The judge should only rule the statement admissible if:
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