Plaintiff was injured in a golf cart accident on Defendant’s…
Plaintiff was injured in a golf cart accident on Defendant’s golf course. He has now filed an action against Defendant, seeking to recover damages for his personal injuries. Defendant has answered the complaint with a general denial of negligence as well as of personal injuries. Immediately after the accident, Plaintiff was examined and treated by Dr. Alpha. Dr. Alpha made an affidavit stating that he had examined Plaintiff the day after the accident and found Plaintiff to be suffering from a back injury. Dr. Alpha is now dead. Plaintiff’s counsel seeks to introduce the affidavit. The judge should rule the affidavit: