Substrate Record: qid 1418

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qid 1418 · law

Question: A defendant was charged with vehicular battery after driving through a red light and crashing into a woman's small convertible. The woman suffered massive internal injuries and lapsed into a coma for several hours after she reached the hospital. The woman's best friend, who was a passenger in the car, miraculously received only a few minor bruises. After the collision, the passenger stayed with the woman trying to comfort her until the ambulance arrived. At trial, the passenger is called to testify. €˜While on the witness stand, she gazes with sorrow at the woman, who is still wearing a cast on her leg. The passenger testifies that the first thing she remembered seeing after the accident was the woman's bloodied body trapped in the mangled wreckage. The state's attorney then asked the passenger if the woman said anything to her before being taken to the hospital. The passenger answered, "Yes, she told me: €˜I know I'm dying. Why did he have to run that red light?"Upon objection by the defendant's attorney, the court should rule the passenger's testimony

1. inadmissible, because the woman's statement could be considered prejudicial against the defendant.
2. admissible, because it is irrelevant that this is not a homicide case.
3. inadmissible, because it is hearsay not within any recognized exception.
4. inadmissible, because of the close relationship between the woman and the passenger.
5. admissible, because the woman's statement was made as part of her medical history.
6. inadmissible, because the woman's statement is speculative and not a fact.
7. admissible, because the woman believed her death was imminent when she made the declaration.
8. inadmissible, because the passenger's emotional state might affect her memory of the event.
9. admissible, because the passenger is a direct witness to the accident.
10. admissible, because the woman's statement is a spontaneous utterance made under stress.

Our answer: B. admissible, because it is irrelevant that this is not a homicide case. Source quote machine-checked (at mint)

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