To: Evidence Course Home Page


 

   Mind That Catsup!

Slip-and-fall case. The parties are Paula Plaintiff, plaintiff, and Super Supermarket, defendant. Paula Plaintiff's complaint alleges that she fell and injured herself in aisle number 3 in Super Supermarket, at 11:15 a.m., on June 1, 2000. She alleges that her injuries were the result of Super Supermarket's negligence. Super Supermarket's answer denies these allegations and it also asserts several affirmative defenses, including contributory negligence.

***
(a) At the trial Paula Plaintiff offers to have Walter Witness testify:
"I didn't see what happened. However, I spoke with Big Bystander at 12:15 p.m. on June 1, 2000, after Paula was taken to the hospital. He said, 'I was next to Paula when she fell. She fell on some catsup in the aisle.'"

Hearsay?

***
(b) At trial Paula Plaintiff offers to have Weighty Witness testify,
"I heard a conversation between Managing Manager and Big Bystander at 10:15 a.m. on June 1, 2000. I heard Big Bystander say to Managing Manager, "There's catsup in aisle number 3.'"

Hearsay?

***
(c) At trial Paula Plaintiff offers to have Wrongful Witness testify,
"I spoke with Managing Manager at 10:15 a.m. on June 1, 2000. I heard him say, 'There's catsup in aisle number 3.'"
***
(d) At trial Paula Plaintiff offers to have Watchful Witness testify,
"I heard a conversation between Paula Plaintiff and Managing Manager at 10:15 a.m. on June 1, 2000. I heard Paula Plaintiff say to Managing Manager, 'There's catsup in aisle number 3.'"

Hearsay? If not, admissible?

***
(e) At trial Paula Plaintiff offers to have Wanda Witness testify,
"I spoke with Managing Manager's spouse at 10:15 a.m. on June 1, 2000. Managing Manager's spouse said there was catsup on the floor in aisle number 3."

Hearsay?

***
(f) At trial PP offers to have Wooden Witness testify,
"I spoke with Managing Manager at 3:15 p.m. on June 1, 2000. He said to me, 'Doggone it, there was catsup in aisle number 3 this morning.'"

Hearsay?

***
(g) At the trial PP offers to have Wavering Witness testify:
I didn't see what happened. However, I spoke with Big Bystander at 12:15 p.m. on June 1, 2000. He said to me, "I didn't see what happened. However, I just spoke with Paula Plaintiff, just before the attendants put her in the ambulance and took her away. I heard her screaming, 'That d--d catsup. Ooh, that d---d catsup.'"

Hearsay?

If so, is WW's testimony nevertheless admissible? (Please explain.)

{Hints: See FRE 805, FRE 803(1), FRE 803(2) & FRE 803(3).}

 


 To: Evidence Course Home Page


 To: Peter Tillers' Dynamic! General Home Page