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MMLU / A driver was severely injured when his car burst into flames after he was…

Problem

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question

A driver was severely injured when his car burst into flames after he was rear-ended in a minor auto accident. The driver filed suit against the manufacturer. To prove negligent design by the manufacturer, the driver offers the portion of the transcript from a prior trial in which an expert witness testified that in his opinion the car was unsafe as designed. The testimony could qualify under the hearsay exception for former testimony

choices

  1. only if the manufacturer had been a party to the former proceeding.
  2. whether or not the manufacturer had been a party to the former proceeding.
  3. if this exception has been held incompatible with the confrontation clause of the Sixth Amendment.
  4. if the manufacturer had an opportunity to cross-examine the expert at the former preceding.

subject

professional_law

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