1.Product liability action by Plaintiff against Defendant, an automobile manufacturer.
Plaintiff claims that Husband, her husband, was driving a new car manufactured by
Defendant when the car’s defectively designed steering mechanism failed, causing
him to lose control and crash. Husband died from injuries he sustained in the crash,
but lived long enough to tape-record a description of what happened. Plaintiff offers
the tape recording into evidence. Assume that Zed was also in the car with Husband
when the accident occurred, and that the car, though badly damaged, has been
preserved. Defendant makes a hearsay objection to the admission of the tape
recording. How should the court rule?
2.Same facts. Assume, however, that Husband was alone in the car and that the car was
damaged so badly in the accident that it is not possible for experts to determine what
happened. Plaintiff asks the court to admit Husband’s tape under Rule 807, the residual
exception. Defendant objects on hearsay grounds. How should the court rule?