Question
In a civil negligence case between Peter (Plaintiff) and David (Defendant) for David's failure to warn Peter of the dangerousness of a waterslide at David's
In a civil negligence case between Peter (Plaintiff) and David (Defendant) for David's failure to warn Peter of the dangerousness of a waterslide at David's water park, Peter wants to offer testimony from a third party eyewitness named Terry. At trial, Peter asks Terry to recount what Peter told Terry just before going down the waterslide in question. Terry will answer, "Peter told me that he had never been on a waterslide before." The statement is being used to show that Peter had indeed not been on a water slide before and did not know the risks involved with going down a waterslide. David objects to hearsay. Will this testimony be allowed into evidence?
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