The Dead Witness, IV

P is injured while alighting from the D Bus Company's bus. P's husband, H, sues D for loss of his wife's services, claiming that D's driver started driving the bus before P had completely alighted. At trial, W testifies for D that the bus did not move but that P tripped over her own feet. Later, P sues D for personal injuries. D proves W's death and offers the transcript of W's former testimony. P objects. What ruling and why?

div1.gif (1531 bytes)
Home | Contents | Topical Index | Syllabi | Search | Contact Us | Professors' Pages
Cases | Problems | Rules | Statutes | Articles | Commentary