Question

A woman was injured when the car she was driving was struck by a moving truck. The woman brings an action for personal injuries against the moving company. The complaint alleges that the driver was drunk at the time of the accident and that the moving company was negligent in hiring him and permitting him to drive knowing that he had a drinking problem and convictions for drunk driving. The driver is called as a witness by the moving company and is expected to testify that he was not drunk at the time of the accident. Instead, the driver states on direct examination that he had had several beers as he drove his truck that evening and was under the influence of drugs when his truck struck the woman's car. The counsel for the moving company wants to confront the driver with his deposition testimony that he was completely sober at the time of the accident.

Will this evidence be permitted?
a. No, the statement is hearsay not within any recognized exception.
b. No, the moving company cannot impeach its own witness.
c. Yes, but it may be used only to impeach the driver.
d. Yes, it can be used to impeach the driver and as substantive evidence that the driver was sober.

Answer 1

d. Yes, it can be used to impeach the driver and as substantive evidence that the driver was sober.

Step-by-step explanation:

The evidence will be permitted to impeach and as substantive evidence. The submission will be used to discredit the statement of the driver especially if it on record that the witness has, on another occasion, made statements that are inconsistent with some material part of his present testimony.