Evidence keyed to Fisherback
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Andrew and Natasha were seeking a divorce and the primary issue to be resolved was the value of the family residence. Andrew alleged that the home was worth $200,000 while Natasha alleged that the home was worth only $150,000. To establish the value, Andrew’s attorney (while Andrew was on the stand) asked Andrew, “What is the value of your residence.” The attorney for Natasha objected claiming that Andrew was not qualified to testify as to the value of the property.
This objection should be:Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Lonny was a balloonist who made his living giving rides to tourists who visited the valley where he lived and worked. One weekend during the off-season, Lonny installed some new deflation panels in his balloon that had been manufactured by the Gassy Balloon Company (“GBC”). He inflated the balloon, then increased the output of heat from the burner heating the air so that he would ascend. When the balloon reached an altitude of several hundred feet, one of the deflation panel closures partially gave way, causing the balloon to descend rapidly while gyrating wildly due to the force of the escaping hot air. By turning the burner on full, Lonny was able to slow his descent so that by the time he neared the ground, he was not falling at a deadly speed. Thirty feet from the ground, the deflation panel closure gave way completely, dropping the balloon and Lonny rapidly. Lonny suffered severe injuries as a result of the impact. Lonny has brought an action against GBC for personal injuries and for the damage done to his balloon and gondola.
At trial, Lonny calls as a witness Sandy, a structural engineer, who testifies that she read several reports done by an independent laboratory on the burst strength and material composition of the deflation panel closures. His attorney then asks Sandy whether, in her opinion, the closures caused the deflation panel to open. GBC objects.
Should the court admit this testimony?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
A plaintiff sued a hardware store and a manufacturer of leaf blowers for injuries he suffered when his leaf blower gave him an electrical shock the first time he used it. At trial, the plaintiff testified that, although he had purchased the leaf blower several days before using it, he remembered that the purchase date was on his brother’s birthday, and furthermore, he had a credit card receipt at home that would show the date. The hardware store’s attorney objected to the plaintiff’s testimony concerning the date on the credit card receipt.
How would a judge most likely rule on this objection?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.