The Acrobatic Driver

 

On June 1 at the intersection of Walden and Thoreau Streets, A, a pedestrian, was hit by B's car and killed. B entered Walden Street from the south. There is a stop sign controlling such traffic at the corner. Shortly after the accident B died of injuries unrelated to the accident.

P, the executor of A's estate, sues D, the executor of B's estate, for damages due to B's alleged negligence. The issue is whether B stopped at the stop sign. At trial, P proposes to have W1 testify that he once saw B drive the wrong way down a one-way street, that he once saw B blow his horn in a hospital quiet zone, and that he once saw B steer with his feet in heavy traffic. P also proposes to have W2 testify that he is familiar with B's reputation for driving and that his reputation is that of a reckless daredevil.

Is the proffered testimony of W1 or W2 relevant? Is it admissible in a Federal Rules jurisdiction? Should such evidence be admitted? If you were P's attorney, how would you try to get this evidence in?



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