Parks, a patron of Delta Theatre, after watching the motion picture, started to descend a carpeted stairway leading to the men's room He fell when halfway down the stairs and broke his leg Two months later, he sued Delta for his injuries, alleging that his foot had caught in a tear in the carpet, which he could not see in the dim light, and that Delta had negligently permitted the carpet to remain in its dangerous condition Delta denied there was any defect in the carpet and alleged that Parks had fallen because he was intoxicated The following evidence was admitted at trial Parks introduced testimony of Ward that Ward was at the bottom of the stairway when Parks fell and that an unknown person rushed down the stairway to Parks and said, I saw you trip on that tear in the carpet Are you hurt Parks introduced testimony of Carter that a week after the accident Carter was called to lay a new carpet and that the old carpet had been removed before his arrival Delta introduced testimony of Adams that he had sat next to Parks that Parks had spoken to him just before Parks left his seat that Adams followed Parks as he was going down the stairway and saw Parks fall that in his opinion Parks was intoxicated and that his impression was that Parks fell because of his intoxication Delta introduced testimony of Martin, manager of the theatre, that prior to Parks' fall, thousands of persons had used the stairway, that there had been no complaints and no reports of any person falling Delta introduced testimony of Attorney Nate that at Parks' request he visited Parks a month after the accident and that during the visit Parks said to him I fell on the stairway in Delta Theatre I had had too many drinks and I think that is why I fell But I hear Delta has put a new carpet on the stairway and I want you to sue for me and say the old carpet had a tear in it and that is why I fell, although as far as I know the carpet was O K Nate further testified that he then refused to represent Parks Assuming that in each instance, all appropriate objections were made, did the court err in admitting items of evidence 1 through 5 Discuss

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Parks, a patron of Delta Theatre, after watching the motion picture, started to descend a carpeted stairway leading to the men's room. He fell when

Parks, a patron of Delta Theatre, after watching the motion picture, started to descend a carpeted stairway leading to the men's room. He fell when halfway down the stairs and broke his leg. Two months later, he sued Delta for his injuries, alleging that his foot had caught in a tear in the carpet, which he could not see in the dim light, and that Delta had negligently permitted the carpet to remain in its dangerous condition. Delta denied there was any defect in the carpet and alleged that Parks had fallen because he was intoxicated.

The following evidence was admitted at trial:

Parks introduced testimony of Ward that Ward was at the bottom of the stairway when Parks fell and that an unknown person rushed down the stairway to Parks and said,"I saw you trip on that tear in the carpet. Are you hurt?".

Parks introduced testimony of Carter that a week after the accident Carter was called to lay a new carpet and that the old carpet had been removed before his arrival.

Delta introduced testimony of Adams that he had sat next to Parks; that Parks had spoken to him just before Parks left his seat; that Adams followed Parks as he was going down the stairway and saw Parks fall; that in his opinion Parks was intoxicated and that his impression was that Parks fell because of his intoxication.

Delta introduced testimony of Martin, manager of the theatre, that prior to Parks' fall, thousands of persons had used the stairway, that there had been no complaints and no reports of any person falling.

Delta introduced testimony of Attorney Nate that at Parks' request he visited Parks a month after the accident and that during the visit Parks said to him: "I fell on the stairway in Delta Theatre. I had had too many drinks and I think that is why I fell. But I hear Delta has put a new carpet on the stairway and I want you to sue for me and say the old carpet had a tear in it and that is why I fell, although as far as I know the carpet was O.K.". Nate further testified that he then refused to represent Parks.

Assuming that in each instance, all appropriate objections were made, did the court err in admitting items of evidence 1 through 5? Discuss.