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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.
At trial, plaintiff’s attorney called the only witness to the accident, Johnny Sklar, now aged six, who was only four years old at the time of the accident.
How should the court rule on the competency of Johnny as a witness?
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First, consider whether it is important to evaluate the child witness’s competency at the time of the accident. Then, consider what capacities a child must possess to be competent as witness.
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