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3.2: Response to Second Evidence Question (invoice)

Instructions

  • Read the essay question
  • Write your answer as to the second question only: 2. Is the invoice for the new parts for the woman’s truck brakes admissible?  Explain. (set a timer for 30 minutes)
  • Upload your answer

Question

A woman has sued a man for injuries she received in an automobile collision at a suburban traffic circle in State A on January 1. Both drivers were driving alone, there were no other witnesses, and a forensic accident investigation failed to determine which of the two drivers was at fault.

Among other things, the woman’s complaint alleges the following:

1. The woman was driving her pickup truck in the traffic circle at or below the speed limit when the man suddenly pulled his car into the traffic circle immediately in front of her.

2. The man’s action left the woman no opportunity to slow down, stop, or avoid colliding with his car.

3. The woman observed that the man was texting on his phone when he entered the traffic circle and did not see him look up to check for traffic before entering the circle.

4. The accident caused the onset of significant neck pain for the woman requiring extensive  medical treatment and resulting in lost wages.

The man has denied that he was texting at the time of the accident and alleges that the accident was the woman’s fault. According to the man, the woman was driving her truck substantially over the speed limit, her brakes were defective, and despite the fact that the man’s car was far ahead of the woman’s truck when he entered the traffic circle, the woman failed to slow down to avoid a collision.

A jury trial has been scheduled.

The man’s attorney plans to offer the following evidence:

(a) Testimony by a mechanic to the effect that “I inspected [the woman’s] truck a week before the accident. The brakes on the truck were worn and in need of repair. I ordered new parts.”

(b) A written invoice signed by the mechanic stating: “New parts for [the woman’s] truck brakes ordered on December 23 and received on January 2,” found in the mechanic’s file cabinet among similar invoices for other customers.

(c) Testimony by the woman’s doctor, who treated the woman for neck pain after the accident, that the woman told the doctor, “I have suffered from painful arthritis in my neck for the past five years.”

The woman’s attorney plans to call the man’s roommate to testify that “[the man] is addicted to texting and never puts his phone down. He even texts while driving.”

State A has adopted evidence rules identical to the Federal Rules of Evidence.

1. Is the mechanic’s testimony admissible? Explain.

2. Is the invoice for the new parts for the woman’s truck brakes admissible?  Explain.

3. Is the doctor’s testimony admissible? Explain.

4. Is the roommate’s testimony admissible? Explain.