Bar Exam (U.S) Evidence: Late one evening Macy was driving home from his job as a security guard...

Question

Late one evening Macy was driving home from his job as a security guard at the Falco Jewelry Co. As Macy approached a railroad crossing on Washington Street, he noticed that the barriers to the crossing were open. Macy cautiously looked both ways for any train. Assuming that no train was coming, he proceeded across the railroad tracks. Suddenly, an oncoming train struck Macy's car, completely demolishing it. Macy was dead on arrival at the local hospital. Unknown to Macy, the railroad crossing guard, in a drunken stupor, had fallen asleep at the barrier controls. He failed to see or hear the signals from the oncoming train that struck and killed Macy. The railroad company was well aware of the crossing guard's alcoholism, but continued to employ him. However, two weeks after the accident occurred, the railroad company fired the crossing guard.

The executor of Macy's estate institutes a wrongful death action against the railroad company. During the trial, the attorney for Macy's estate offered into proof the fact that the defendant railroad company dismissed the crossing guard shortly after the accident. Upon objection by the railroad company's attorney, the court should:

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    overrule the objection, as the employee's dismissal was an admission that the railroad company was aware of the crossing guard's chronic alcoholism
  2. B
    Correct Answer
    overrule the objection, as an adoptive admission by conduct
  3. C
    Correct Answer
    sustain the objection, since the probative value of the evidence would be outweighed by its prejudicial effect
  4. D
    Correct Answer
    sustain the objection, as evidence of subsequent remedial repairs is inadmissible
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