This is a slip and fall case. Plaintiff was injured when she slipped and fell in the
Question:
This is a slip and fall case. Plaintiff was injured when she slipped and fell in the defendant's fast food restaurant. Plaintiff claims the floor was wet and slippery when she fell. Defendant denies liability. The case is now on trial. Plaintiff calls as her first witness in her case-in-chief another customer who was in the restaurant at the time. That customer was deposed before trial, and in her deposition testified that she had seen the plaintiff slip and fall, and that shortly afterwards, a cook standing behind the grill said: "We should have mopped up that spill an hour ago." Before the customer takes the stand, the following happens: Defendant: Your honor, before the jury returns from the break, we have an objection to what we anticipate plaintiffs first witness, Ms. Collins, will say based on her previous deposition testimony. Judge: Very well. Whats Ms. Collins going to say you find objectionable, and what's the basis for your objection? 1. What objections and motions should be made? 2. What are the best arguments to support the objections? 3. What are the best arguments to oppose the objections? 4. What are the proper rulings? 5. How else could these issues have been resolved?