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Evidence Course
Professor Peter Tillers
Cardozo Law School



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, 2008. 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.

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, 2008. I heard Big Bystander say to Managing Manager, quote, ‘There’s catsup in aisle number 3,’ unquote. Managing Manager said nothing.”

Question: Hearsay?
Question restated: How can this statement to the Managing Manager be offered to show the truth of the matter that Big Bystander asserts?



 

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