Hostile Witness


Personal injury action arising out of a collision between a truck owned by D Company and operated by D's employee, S, and the car in which P was riding. At trial, P's first witness is S. On direct examination S is asked if he was in the employ of D and engaged in D's employ at the time of the accident. Upon establishing S's agency P has no further questions for S. D asks S questions designed to elicit the following:

(1) That at the time the accident occurred S was detouring from his normal route in order to check in with his bookie;

(2) That S came to a full stop and waited for a green light before entering the intersection in which the accident occurred; and

(3) That P ran a red light and hit S.

On P's objection, what ruling and why?

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