Question
Defendant is a physical therapist who has been named in a negligence suit. At trial, plaintiff alleges that during therapy, she fell and broke her
Defendant is a physical therapist who has been named in a negligence suit. At trial, plaintiff alleges that during therapy, she fell and broke her hip. During cross-examination, plaintiff's attorney asks the defendant, "Isn't it true that two years ago, a man sued you after breaking his hip during a therapy session with you?" Defendant objects.
Which is the strongest argument?
A. | Defendant: "Objection to the improper use of character evidence under FRE 404(B). | |
B. | Plaintiff: "This evidence is relevant to prove that the defendant has a pattern of this type of behavior." | |
C. | Defendant: "Objection, evidence of this type is only relevant in a criminal case." | |
D. | Plaintiff: "For public policy reasons, physicians should be held accountable for their actions. Therefore, the objection should be overruled." |
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