Reference no: EM133606180

Question: Claude is struck by a car while he is crossing the street at an intersection and later dies from his injuries while still in the hospital. Claude's estate sues the driver of the car, Quentin, for wrongful death. At trial, the estate calls a nurse to testify that, four days after the accident and three hours before Claude died, Claude told the nurse that the car that hit him had run a red light. To lay the foundation for introducing Claude's statement, the estate submits to the court an affidavit from a physician, indicating that she was on duty the day Claude died, and that Claude said several times that day that he knew he was about to die. Does the hearsay rule allow the court to consider the affidavit? Does it allow the introduction of the nurse's testimony?