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A company purchased a new forklift from a heavy machinery company. A forklift is a heavy duty machine used for the hoisting and transporting heavy
A company purchased a new forklift from a heavy machinery company. A forklift is a heavy duty machine used for the hoisting and transporting heavy objects by means of steel blades inserted under the load. One afternoon, a worker was seriously injured in a forklift accident. As the worker was disembarking the forklift, it suddenly jerked forward, throwing him to the ground. The forklift rolled over the worker causing massive internal bleeding and life-threatening injuries.The worker was transported to a nearby hospital where he was treated by a doctor. Seeing the severity of the worker's injuries, the doctor told him that he was going to die. As he was being wheeled into the operating room, the worker said to the nurse, "I shut off the engine before it jerked forward." Miraculously, the worker survived and did not die from the injuries suffered in the forklift accident. However, two weeks after being discharged from the hospital, the worker died from injuries unrelated to the forklift accident.The worker's wife filed a tort action against the forklift manufacturer to recover damagessuffered by her husband in the forklift accident. During trial, the wife's attorney seeks to admit the statement the worker made to the nurse at the hospital.Upon objection by defendant's counsel, how should the court rule
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