This question should be answered in IRAC format. Please also include all relevant keywords, terms and phrases when discussing each topic.
Casey sued a chimney sweeping company for personal injury and property damages resulting from an explosion in his chimney the evening after the company had cleaned it. The explosion, which occurred when he lit a fire in the fireplace, caused minor damage to the chimney, roof, and to Casey, who was hit by falling bricks. As evidence that he assumed the risk of injury, the company offers to have its foreman testify that he had told Casey not to use the fireplace for 24 hours to allow certain chemicals to evaporate.
Is the foreman’s proposed testimony hearsay?
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Hint
First, consider whether the foreman’s statement is being offered for the truth of the matter asserted. Then, consider the impact that the foreman’s statement may have had on Casey.
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