Bystander testified instead

Reference no: EM133683905

Question

A hiker falls off a steep cliff. The ambulance crew that arrived failed to give him first aid for two hours thinking he was dead. In a later lawsuit alleging negligence, a bystander testifies that when the ambulance crew arrived, the hiker moaned, "I am alive," repeatedly, but the medics ignored the hiker (apparently) assuming he would soon die. Is the bystander's testimony hearsay if offered to prove that the hiker survived the fall? What if the bystander testified instead that the hiker moaned, "I am dead" - offered for the same purpose?

Reference no: EM133683905

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