Memorandum

From: Jasmin Partington

Date: 09/20/2017

Re: LP 4 assignment Objection! Hearsay!

This case is about Smith whom was injured well walking past a big construction site by a

heavy beam that fell to the ground. He was on a public sidewalk where the beam fell from the

construction site above him and injured him. There were two eye witnesses that had observed the

crane operator moving the beam prior to the accident. One of those eye witnesses stated he

believed that the crane operator wasnt being to safe well moving the beam, and it might fall.

Smith the plaintiff wants David to testify that he indeed did hear Giralamo make the statement

before the accident occurred. Since he personally did not hear him say it, and he wants to establish

evidence that the crane operator was unsafe.

The defendant is objecting the statement made and hearsay evidence because the

defendant could object on the base of many different things. I think the first one that came to mind

of why the defendant would object to Giralamo comment, is that he is not qualified or

knowledgeable to what is safe operation of the machine on the construction site. What

qualification does he have to back up his statement, or is it a matter of merely his opinion?

Also, how can he say that it was the crane operator negligence or operation of the crane that

caused the beam to fall. You cannot establish beyond a reasonable doubt that it was solely the

crane operation fault that the beam slipped. There is no solid evidence, only hear say from David.

Giralamo attorney objects to the plaintiff request to have Levon to testify what he heard Giralamo

say to Pete. Some of the reasons to why he would object this testimony could be it is not solid
evidence. If he was not fluent in English how do you know the Levon is fluent in his first language?

The statement would be a matter of hearsay through a third party, and we all know the telephone

game you play in school. No statements made that goes down a line of multiple people is exactly

the same as what the first person statement was.