Back to basics: Avoidable losses

It was a simple district court case. Minimal damages, but hotly contested liability. I had my client and a witness. The defendant corporation brought their store manager to trial. Like many cases, this one boiled down to a single issue. In this case, it was whether the defendant knew or should have known that there was a dangerous condition on their premises. None of the defendant's records, most produced at the 11th hour, backed up our claim. It was tough case, but I had my witness. My witness who was going to testify that she spoke to a store employee immediately after the injury. That store employee told my witness that the store had been having the same problem before my client's injury. My witness gets to the stand. I lay the foundation--she was at the store, she saw someone putting product away, that person was dressed in the uniform bearing the logo of the defendant. I asked my witness if she talked to that employee. Yes. I asked my witness what that employee said. "Objection. Hearsay."

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