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Personal injury action by the plaintiff pedestrian (P) against the driver defendant (D) . P was walking through a crosswalk and was struck by D
Personal injury action by the plaintiff pedestrian (P) against the driver defendant (D) . P was walking through a crosswalk and was struck by D in his car and was seriously injured. To help prove the identity of D as the driver and the pain and suffering he endured, after P testifies, he calls W to testify that moments after the the collision, W approached P and heard P cry out to W, "that guy just ran over me I'm in so much pain and I'm bleeding out, I think I'm going to die please call 911!" Which of the following is true? Group of answer choices (A) W's testimony concerning P's statement is most likely admissible as an opposing party statement. (B) W's testimony concerning P's statement is most likely admissible as a dying declaration. (C) W's testimony concerning P's statement is most likely admissible as an excited utterance. (D) both (B) and (C) (E) All of the above
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