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More Hearsay Problems
P. Tillers - Course in Evidence, Cardozo Law School


Problem 1


On June 1, 2000, a car driven by David Driver slams into Peter Pedestrian. Thereafter Pedestrian brings a negligence action against Driver. At the trial Pedestrian offers the following testimony by Walter Witness:

"I had a rather remarkable conversation with Individual Integrity on January 5, 2001. He said to me, 'Walter, I've got to tell you something. I have a chauffeur. His name is David Driver. Last June he drove my car to the supermarket. The fool drove recklessly. Then it happened. He ran into Peter Pedestrian. I don't have long to live and I had to tell you what Driver did. I can't have his misconduct on my conscience when I go to the other side.' After telling me this, Integrity keeled over and died. It was quite a shock."

Should David Driver's hearsay objection be sustained ____ or overruled ___ ?


Problem 2


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.


Problem 3


A Chain of Events


PP v. DD, Paula Plaintiff v. Della Defendant, federal civil action.

Cause of action: DD's negligent driving, causing injuries to PP.

At trial PP makes the following offer of evidence:

Wanda Witness to testify:

Bertha Bystander and I were standing and talking at the corner of 5th Ave. & 12th Street, in Gotham City, on June 1, 2000, at 3:02 p.m. when we heard a loud explosion.

We turned around and saw two cars smashed against each other in the intersection. We rushed over to PP's car and we heard a moan coming out of that car. BB leaned into the car and started talking but I couldn't hear what she was saying. So I said, "Bertha B what's going on?"

BB said, "I'll tell you everything. PP just told me that her head, her arms, her legs, and her eyes hurt, and a lot."

Bertha Bystander then leaned back into the car. Then she leaned back out and said, "PP's in bad shape. She's bleeding from every pore. I told her she's a goner."

BB leaned back in and then leaned back out and said, "PP told me it was DD's fault. She said that Della D was responsible."

Please evaluate Della Defendant's hearsay objection to the preceding offer of evidence.

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