Ted was driving his car south on 9th Avenue; Nancy was driving her car west on 1st St. They collided at the intersection of 9th Avenue and 1st St, which has 4-way yield signs. Nancy sues Ted, alleging negligent driving. Ted countersues, alleging negligent driving on Nancy's part. Witnesses testify to the following:

• (a)    A witness (W) for Nancy will testify that W was driving south on 9th Avenue 2 miles north of the scene of the accident, and that Ted drove by at 50 miles per hour; she next saw Ted's car when she got to the accident. Hearsay? Why or Why not?
• (b)    Nancy calls a second witness who will testify that he went to Nancy's car right after the accident and Nancy said "I was already in the intersection when he came barreling through." Hearsay? Why or Why not?
• (c)    Assume that Nancy died on the way to the hospital, and it is her estate that is suing Ted for pain and suffering during the short period she was still alive after the accident. Is there a nonhearsay purpose for Nancy's statement in (b)? (That is, is there an issue for which the statement would be relevant but not hearsay?) If so, what is it?

Answer rating: 100% (QA)

a The testimony of the witness W for Nancy would likely be considered hearsay Hearsay is an outofcou... View the full answer