This question should be answered in IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Plaintiff Bobby Rocket, a ten year old boy, suffered partial paralysis as a result of being hit by a car driven by defendant, a drunken 17 year old. Bobby’s father commenced an action on his own behalf to recover for his expenses, and on behalf of his son to recover for pain and suffering.
A hospital nurse is then called to testify as to a conversation she overheard between plaintiff Bobby’s mother and the defendant at the hospital. Defendant told Mrs. Rocket: “Don’t worry, my insurance will cover this accident.”
If offered into evidence, the court will most likely rule that this statement is:
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First, consider whether the testimony offered by the hospital nurse tends to make the defendant’s guilt more or less likely. Then, consider whether the defendant’s statement to the plaintiff’s mother is an out of court statement being offered for the truth of the matter asserted. Last, consider the rules regarding the introduction of liability insurance evidence. Under what circumstances can this evidence be admitted?