Strong Feelings and Future Plans


(1) Action for alienation of affections of P's wife, A. At trial, P calls W, a former friend of A, to testify that A told her, "After one night with D, I realized how much I despise P." D objects. What ruling and why? If testimony is admitted, what should D do?

(2) Worker's compensation action by W seeking recovery against D for the death of her husband, H. The issue is whether the accident in which H perished occurred during the course of H's employment. At trial, W offers evidence that shortly before going to the airport H made several statements that he had to go away on business. D objects. What ruling and why?

What difference do you see between these two problems in terms of the purposes for which the evidence is offered? What considerations support and militate against admitting the evidence in these situations? How would you frame a rule of law to cover both situations?

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