Evidence keyed to Fisherback
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A pedestrian brought an action against both a bus company and the bus driver, an employee of the bus company, to recover for damages he allegedly suffered when hit by the bus the bus driver was driving for the bus company. The pedestrian found a witness who testified that the bus company is known in the community to hire reckless drivers. The witness also testified that the bus driver has a reputation in the community as a flagrant violator of traffic laws. The trial judge should rule the testimony:CorrectIncorrect
A plaintiff sued a defendant for damages to her automobile occurring when it was struck by an empty trash can on a windy day. The defendant denies ownership of the trash can and seeks to offer testimony that he puts his empty trash cans inside his garage when he returns from work in the evening. Both parties agree that the accident took place late at night. The trial judge should rule the evidence:CorrectIncorrect
A realty estate company occasionally hires temporary workers from a temporary employment agency. During an especially busy month, the company needed an accountant to assist in its financial data operations. The realty company contacted the temporary agency and requested an administrative assistant for temporary employment. The realty company and the temp agency then entered into a contract in which the temp agency promised to provide an administrative assistant “who was honest, trustworthy, and efficient.”
A short time later, the temp agency sent over a woman who was placed in the administrative position. The woman worked at the real estate company for one week when she was fired for stealing money. The real estate company then brought suit against the temp agency for misrepresentation. During the trial, the temp agency denied having any knowledge that the woman was dishonest and untrustworthy.
There upon, the real estate agency proffered evidence to show that two months before the temp company referred the woman to the real estate company, she had been terminated from a previous temporary employment job for theft.
Upon objection by the temp agency, the proffered evidence is:CorrectIncorrect