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Penny sues Dime for personal injuries allegedly sustained when Dime's car veered into oncoming traffic, striking Penny's car. At trial, Penny calls Eleanor Expert, who
Penny sues Dime for personal injuries allegedly sustained when Dime's car veered into oncoming traffic, striking Penny's car. At trial, Penny calls Eleanor Expert, who testifies that because Penny has a torn ACL in her knee, her injury is necessarily permanent. In his case-in-chief, Dime calls Dr. Aretha Ortho, who testifies that there is no reason to think Penny' knee injury will be permanent. On direct examination, Ortho states that in forming her opinion, she relied in part on the well-respected medical text, "Sports Medicine for Non-Dummies." The defense then seeks to read into evidence the portion of the book that states, "Factoring in surgery, which is often minor, patients with a torn ACL should be expected to return to full mobility in over 90 percent of cases." Penny's counsel objects on hearsay grounds. What ruling in federal or California court?
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