Question

In a wrongful death action for the death of his wife in an automobile accident, the plaintiff alleged that the accident was caused by a mudflap assembly that fell off the defendant's truck. The plaintiff wishes to introduce the testimony of a witness, another truck driver who was on the same highway at the time, who heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose. The witness does not know the identity of the person who gave the warning. Should the court admit the testimony

Answer 1

Answer: Yes. The court should admit the testimony.

Step-by-step explanation:

Based on the information given, the court should admit the testimony in order to prove that the defendant was aware about the fact that the mudflap assembly was loose.

This can be infered from the information given from the testimony of

the witness, whom was another truck driver who was on the same highway at the time, as he heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose.