Stagger P

Stagger P


Action for damages allegedly sustained when P was struck by a car driven by D. Defense: contributory negligence. At trial, D calls W to testify that ten minutes before the accident W was at a bar with P and Q, that P got up to leave, and that Q said to W, "Look at P stagger. Man, is he smashed." P objects. What ruling and why? What factors militate for and against admission of this evidence?

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