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MMLU / Two cars were driving within the legal speed limit as they approached an…

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question

Two cars were driving within the legal speed limit as they approached an intersection. There are no traffic lights, stop signs, or warnings posted at this intersection. Both vehicles entered the intersection simultaneously and collided. In the accident, one of the drivers suffered a broken pelvis and internal injuries. Although the other driver's truck was slightly damaged, he did not suffer any physical injuries. Thereafter, the injured driver sued the city for negligence, claiming that the city failed to provide adequate warning at the intersection, which she contended was particularly dangerous and heavily traveled. At trial, the city attorney offers evidence that the intersection has been the same for 14 years, and no other accidents have occurred during that time. Upon objection by the injured driver's attorney, this evidence should be

choices

  1. admitted as relevant evidence of a fact of consequence to the action.
  2. admitted, provided that the jury is instructed about the danger of inferential negative evidence.
  3. excluded, because it is improper negative evidence.
  4. excluded, because the dangers of unfair prejudice and confusion of the issues may tend to mislead the jury.

subject

professional_law

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