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MMLU / A plaintiff sued a department store for injuries she sustained when she slipped…

Problem

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question

A plaintiff sued a department store for injuries she sustained when she slipped and fell in the store. At trial, the plaintiff proposes to testify that, when the store manager rushed to the scene, he said to the plaintiff, "I'm so sorry about the water on the floor there, but don't worry €”the store will pay for the ambulance and your hospital bill." The store's attorney objects. How should the court rule on the admissibility of the store manager's testimony?

choices

  1. The testimony is admissible in its entirety as the statement of an opposing party.
  2. The testimony about the water is an admissible statement of an opposing party, but the rest of the testimony is inadmissible as an offer to pay medical expenses.
  3. The testimony is inadmissible in its entirety, because it is hearsay not within any exception.
  4. The testimony is inadmissible in its entirety, because the manager's statement is in the context of an offer to pay medical expenses.

subject

professional_law

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