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MMLU / A plaintiff brought an action against a defendant for personal injuries…

Problem

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question

A plaintiff brought an action against a defendant for personal injuries resulting from a car accident in which the defendant's car, negligently driven by his cousin, struck the telephone booth in which the plaintiff was resting. Liability is based on a statute making owners of automobiles liable for the negligent actions of those driving with the consent of the owner of the vehicle. The plaintiff offered into evidence the testimony of his doctor that the plaintiff had said to the doctor, when consulting the doctor for treatment, that he felt pain in his back immediately after the accident, and that pain persisted. The trial court should rule this testimony

choices

  1. admissible as a spontaneous declaration.
  2. admissible under the hearsay exception of declaration of present bodily condition.
  3. inadmissible as hearsay not within any recognized exception.
  4. inadmissible as conclusions.

subject

professional_law

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