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MMLU / A truck driver was assigned to drive a huge tractor- trailer loaded with logs.…

Problem

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question

A truck driver was assigned to drive a huge tractor- trailer loaded with logs. The logs were being sold by a lumber company, which had loaded the tractor- trailer. After four hours of steady driving, the truck driver stopped at a lounge and consumed five bottles of beer. He left the tavern in an intoxicated condition and then drove off to make his final delivery. As he came to the top of a steep incline in the highway and started his descent, an 11-year-old girl suddenly darted out into the road directly in front of him. The truck driver slammed on his powerful air brakes and swerved sharply to the left to avoid hitting her, but the girl was struck by the tractor- trailer and was seriously injured. The girl's parents, on behalf of their daughter, assert a claim against the lumber company to recover damages for the girl's injuries. At trial, which of the following is LEAST likely to be admissible?

choices

  1. Evidence that the truck driver's reputation for driving is poor, if the lumber company and truck driver argue that the latter was not negligent.
  2. Evidence that the truck driver pleaded guilty to a criminal charge of DUI arising from this incident.
  3. Evidence that the lumber company carried liability insurance on the tractor-trailer, if an investigator for the lumber company's insurance company testified for the lumber company that they deny ownership of the truck.
  4. Evidence that the lumber company carried liability insurance on the tractor-trailer, if the lumber company argues that the truck driver was an independent contractor.

subject

professional_law

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