This question should be answered in IRAC format. Please also include all relevant keywords, terms and phrases when discussing each topic.
Mary sued Big Jim for damages suffered when a load of bricks fell off his truck directly in front of her while she was driving on a highway. Mary charged that Big Jim was negligent in supplying his truck with a defective load chain clamp, which helped tie the load to the bed of the truck, and in failing to secure the load properly on the truck. Mary calls a witness who testifies that he was formerly employed as a truck driver and is an acquaintance of Big Jim. The witness further testifies that immediately prior to the accident he had coffee with Big Jim at a café, and mentioned to the defendant that the tie chains holding the load of bricks looked kind of loose.
Assuming proper objection by the Big Jim’s attorney, such testimony is:
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First, consider whether the testimony offered by the witness is being offered for the truth of the matter asserted. Then, consider the impact the statement may have had on Big Jim.