This question should be answered in IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Peter sues Dimitri’s Pizzeria for an injury that Peter sustained when he tripped and fell on Dimitri’s allegedly defective stairway. Thornton was an eyewitness to the fall. At trial, Dimitri’s calls Wendy, who lived next door to the Pizzeria. She said that on nice evenings she sipped Sarsaparillas on the porch and on such evenings she had seen Peter frequent the pizza parlor. Her testimony was that Peter “always gets a large pizza to go and cavorts down Dimitri’s stairway two at a time.”
Is Wendy’s testimony admissible?
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Hint
Consider whether Wendy’s testimony constitutes evidence of Peter’s character. Then, consider whether her testimony helped to establish that Peter acted in conformity with a particular pattern of behavior.
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