2. EVIDENCE

QUESTION 2

Ray Ramirez ("Ramirez") owns Ray's Roofing, a sole proprietorship. In October, Ramirez and his crew were replacing the roof on an apartment building.

Ramirez had carefully trained his employees to establish wide safety perimeters below their roof projects. The employees did this by installing wooden barricades to prevent pedestrians from entering the area where falling debris could injure them. Tim Onway ("Onway") was respon- sible for erecting the barricades and completing the company's Daily Safety Summary ("DSS"), which included a list of safety precautions and a computer-generated diagram showing where the barricades were placed. As he always did, Onway completed the DSS at 7:45 a.m. on October 17 by, in part, checking the box reading "installed as shown" next to the diagram.

At roughly 8 a.m. that day, Anna Boyd ("Boyd") was walking near the project when she was struck by a shingle that had blown off the roof. It hit her in the face, causing significant damage to her left eye. She collapsed and lost consciousness.

Paramedic Frank Field ("Field") was the first medical professional to arrive at the scene, where he found Boyd unresponsive. Field noticed that Boyd was lying outside an incomplete perimeter of barricades, and that other, identical barricades were still stacked on the ground. Field soon overheard Ramirez calmly whisper to Onwayboth of whom had rushed down from the roof when the ambulance arrived"You know perfectly well you're not allowed to set foot on the roof before setting upallthe barricades. You've really put the company at risk today."

Boyd eventually filed a personal injury action against Ray Ramirez d/b/a Ray's Roofing. Field was subpoenaed for a discovery deposition. In it, he recalled finding Boyd lying outside an incom- plete line of barricades. Field also described what he had overheard Ramirez say to Onway. Field later reviewed the deposition transcript and certified its accuracy by signing the certification page.

The case proceeded to trial. Field was a key witness. While testifying on direct examination as

a witness for Boyd, Field was asked to describe what Ramirez said to Onway about not going onto the roof until erecting all the barricades. Defense counsel objected on hearsay grounds. The judge overruled the objection and allowed Field to testify about what he had heard.

At a later point during his direct examination, Field testified that he had found Boyd lyinginsidea partially complete barricade. After Field repeated that observation in response to several follow-up questions, Boyd's lawyer asked Field to think back to his deposition and asked Field whether he recalled testifying then that Boyd was actually lyingoutsidethe barricade. Defense counsel interposed a hearsay objection, which the judge overruled. Field then testified that he recalled his deposition testimony on the issue, but asserted that he must have been mistaken when testifying at the deposition.

Later, during the defendant's case, Onway testified that he prepared a DSS at the beginning of each work day, and that he prepared the DSS minutes before the accident. Later, he forwarded a copy of the DSS to his office, where it was usually stored in a file. When defense counsel offered the original DSS into evidence, counsel for Boyd objected on hearsay grounds. The judge sustained the objection, preventing the DSS from going into evidence.

1. Did the judge err in overruling the objection to Field's testimony about the conversation between Ramirez and Onway? Explain.
2. Did the judge err in overruling the objection to Field's testimony about his statements during the deposition? Explain.
3. Did the judge err in sustaining the objection to the introduction of the DSS report? Explain.