Speaking Out

Action for damages to P's child, C, which allegedly occurred when D struck C, causing C to suffer permanent paralysis of her vocal chords. D's answer is a general denial. In the second week of trial, D offers W to testify that the day before he heard C say, "I can speak." P objects. What ruling and why? What if W proposes to testify that he heard C say, "Don't step on a crack or you'll break your mother's back"?

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