Are franks statements admissible over dbcs objection

Reference no: EM133286525

Penny is suing the Demons Bus Company ("DBC") to recover for brain injuries she allegedly received when struck by a DBC bus at noon on 25 September 2021, at the intersection of Parliament and University streets, in Melbourne CBD. DBC is alleging that Penny's injuries were caused by a fall at her office. At trial, the following issues arose:

Penny testified that her head injuries had affected her memory so that she no longer remembered the accident. Counsel for Penny then called Frank, Penny's best friend, to testify that Penny had told him on 24 September 2021 that she was meeting another friend for lunch at noon the next day, at Parliament and University. Frank also would testify that Penny had told him about a week after the accident, before her memory began to fail, that the bus had struck her when it was driven into the sidewalk to get past the left side of a car stopped in the street. Counsel for DBC is arguing that Frank's evidence is inadmissible. Are Frank's statements admissible over DBC's objection?

Reference no: EM133286525

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