Evidence keyed to Fisherback
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During the trial of her personal injury action against a chemical company, the plaintiff testifies in response to a question by her own counsel that, shortly after she and her family were forced to leave their home because of fumes from its plant, the president of the chemical company telephoned her motel room and said, “If you or any member of your family requires medical treatment, our company will pay all medical expenses in full. We will not have it said that our company’s negligence resulted in the illness of a local family.” The company’s counsel makes a motion to strike all of the plaintiff’s testimony, and the court does so.
Was the court’s action correct?CorrectIncorrect
Six residents of a state brought suit against the state to rescind a new regulation permitting the operation of tandem trucks on the state’s freeway system. The plaintiffs are a group of farmers with land adjacent to the freeway, and they allege that their crops were damaged by increased vibrations, noise, and exhaust from the passing tandems. The plaintiffs’ counsel called as a witness a state highway engineer who had supervised a report concerning the vehicular traffic on the disputed highway. The plaintiffs’ counsel asked the witness, “Could you please tell us, according to the report you supervised, what percentage of the state’s freeway traffic the tandems represent?” The state objected to the question despite their admission that the witness was a bonafide expert. The plaintiffs’ counsel then called another witness, who was one of the plaintiffs, to the stand. While being questioned, the plaintiff witness coughed in a seemingly uncontrollable manner and said, “I am sorry. Ever since the tandems have been allowed to pass, I can hardly breathe.” On cross-examination,the plaintiff witness was asked,”Is it not true that you told your neighbor that you did not even notice a difference in your breathing when the law changed?” The plaintiffs’ counsel objected to the question.
Which of the following statements is most accurate?CorrectIncorrect
A passenger was killed in an airplane crash. His estate asserted a wrongful death action based on res ipsa loquitur. The passenger’s mother testified, “My son called from the airport and told me he was wearing a yellow shirt.”CorrectIncorrect
A driver was involved in a collision with a second driver on a street. While they were exchanging phone numbers, the first driver said to the second driver: “Oh my gosh! My insurance company is reliable. They’ll pay for your broken nose!” The second driver sued the first driver for personal injuries and plans to testify as to what the first driver said to her. The second driver’s testimony will be:CorrectIncorrect
A pilot owned a private plane, which he used for recreational purposes. One clear afternoon, the pilot experienced mechanical difficulties and was forced to eject himself from the plane. The pilot parachuted safely to the ground, but the plane crashed into a barn, causing substantial damage to the structure. The pilot was rescued by two policemen, who noticed that the pilot was acting strangely . The pilot was brought to a hospital where he was found to be heavily intoxicated.
The owner of the barn joined the airport in his suit, alleging that the airport was negligent for allowing the pilot to fly while obviously inebriated. The owner of the barn seeks to introduce evidence that shortly after the pilot’s accident, the airport instituted a new screening procedure in which an airport employee monitors pilots to be sure that they are fit to fly. The trial judge should rule this evidence:CorrectIncorrect