Snowmobile Slaughter

 

Action for damages P allegedly sustained on January 1 when D ran over P with his snowmobile while P was cross-country skiing. D denies hitting P and also that P suffered any injuries.

(1) At trial, P calls W to testify that he was a patient in the same room of the hospital to which P was taken and that the day after P was brought in, P said to W, "D ran over me with his snowmobile. I was in agony out on the trail, couldn't sleep last night, and now my legs are really throbbing." D objects. What ruling and why?

(2) Suppose that P's statement was made to the attending hospital physician while P was being examined. May W testify to the statement? May the physician?

(3) Suppose that P's statement was made to a second physician retained specially by P's brother, a personal injury plaintiff's lawyer, to examine P in anticipation of his testifying against D at a future trial. May W testify to the statement? May this physician?



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