On leaving the Caste Iron Grill after dining with friends on…
On leaving the Caste Iron Grill after dining with friends one evening, Dorit felt woozy. The next thing she knew, she awakened in a bed in Emmanuel Hospital. Treating physician, Dr. Thorne, determined that Dorit had suffered a broken hip and dislocated shoulder, apparently from a bad fall. Dorit sued the Caste Iron Grill, alleging that a defect in the stairs leading out of the restaurant had caused her to fall. Measurements indicated that each stairstep’s height was nine inches, two inches higher than the standard seven inches. Dorit didn’t remember what happened to her or how she got to the hospital, but a passerby named Greg called 911/emergency assistance on his cellphone. After an ambulance arrived, Greg accompanied Dorit in the ambulance to the hospital. On behalf of the plaintiff, the ambulance driver would testify that, “Dorit was unconscious when I first arrived, but as she gained consciousness, she complained to Greg of excruciating pain in her hip and right shoulder.” Counsel objects. Should the judge admit or exclude the ambulance driver’s proffered testimony?