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Feeling Bad



Personal injury action.

Legal theory: negligence.

Parties: Peter Plaintiff and Careless Corporation, Inc.

PP avers that on January 1, 2000, his car slid into a tree when he was driving his car in the driveway of CC's corporate headquarters and that his car did so because of CC's negligent failure to remove ice from the driveway. PP claims that he sustained physical injuries and suffered emotional trauma, pain, and distress as a result of CC's negligence.

Consider the following three offers of evidence at trial:

A



PP offers to have Walter Witness testify that he was in PP's car at the time of the accident - which was 1:00 p.m. - and that when PP's car began sliding on the ice on the driveway, PP said, "I feel sick."

Evaluate CC's hearsay objection.

B

 

PP offers to have WW testify that PP, after being thrown from the skidding car, said, "Boy, I felt sick when the car was skidding."

Evaluate CC's hearsay objection.

C.


PP offers to have Ambulance Attendant, an ambulance attendant, testify that he arrived at the scene of the accident at 1:20 p.m. and drove PP to a hospital and that when he arrived at the hospital some 15 minutes later he saw PP write on a hospital admissions form, "I felt sick when the car was skidding. I also felt sick after I was thrown from the car. I still feel sick and upset."

Please evaluate CC's probable objections to this offer of evidence.


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