Evidence keyed to Fisherback
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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, and 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.
During his testimony, Lonny states that he purchased the deflation panels two days before installing them and taking the test flight. During its case in chief, GBC presents the testimony of Lucy, a clerk at the aviation supply store where Lonny purchased the panels, that she remembers Lonny coming into the store and purchasing the panels a week before the date testified to by him, because he signed the purchase order with such an unusual signature.
If Lonny objects to this testimony, should the trial court admit it?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Cooper sustained injuries to his back and legs when he tripped on a loose piece of tile in a hallway between Kyle’s Sporting Goods Store and Barkers Book Store. Cooper brought suit against Peter Kyle who owned the entire complex. Kyle claimed that since he leased the bookstore to tenants, he no longer retained any control over the tiled area. Cooper offers into evidence the fact that two days after the accident Kyle hired his son to re-tile the hallway in question.
How should the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Larry purchased a life insurance policy on his life, naming his brother, Sean, as beneficiary. Fifteen years ago, Larry traveled overseas on what was supposed to be a six-month trip, but has not been heard from since. Sean contacted the insurance company, which refused to pay the claim on the basis that there was no evidence that the insured was dead. Sean filed suit against the insurance company to collect the proceeds under the policy. The jurisdiction in which the action has commenced has a statute that states that a person is presumed dead if missing from the jurisdiction for seven years, and if no one in the jurisdiction has heard from the person in those seven years. Assume that no other evidence is admitted at trial on this issue of the insured’s death.
Must the jury find that the brother is dead?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.