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3.61 CB 245Claude is struck by a car while he is crossing the street atan intersection and later dis from his injuries while still inthe

3.61 CB 245Claude is struck by a car while he is crossing the street atan intersection and later dis from his injuries while still inthe hospital. Claudes estate sues the driver of the car Q, forwrongful death.At trial, the estate calls a nurse to testifythat four days after the accident and three hours beforeClaude died, Claude told the nurse that the car that hit himran a red light. To lay the foundation for introducingClaudes sttement, the estate submits to the court anaffidavit from a physician indicating that she was on dutythe day he died and that Claude said several times he knewhe was about to die. Does the hearsay rule allow the courtto consider the affidavit? Does it allow introduction of thenurses testimony

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