Question
Angie sues Ohio Heating for negligence for injuries suffered when Ohio allegedly failed to fix Angies heater during a strong cold snap. Angie, who is
Angie sues Ohio Heating for negligence for injuries suffered when Ohio allegedly failed to fix Angies heater during a strong cold snap. Angie, who is elderly and housebound, alleges that she phoned Ohio as soon as the heater failed, that Ohio agreed to respond quickly and that Angie waited for an entire night, but Ohio never appeared. While waiting for Ohio, Angie claims she suffered cold-related injuries to her fingers and toes. Angie testifies that she placed her call to the number for Ohio listed in the phone book, and that a voice answered, Heating Service. Ohio denies ever receiving the call and moves to strike Angies testimony from the record. How should the court rule? a. The court should deny Ohios motion because there is sufficient evidence to support
a finding that the call was actually placed to Ohio.
b. The court should deny the motion if it finds that the call was not placed to Ohio.
c. The court should grant the motion because the party answering the phone did not identify itself as Ohio Heating.
d. The court should deny the motion because Angie has already testified and it is too late to keep the evidence from the jury.
e. None of the above.
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