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QUESTION 2 y Ramirez (Ramirez) owns Ray's Roofing, a sole proprietorship. In October, Ramirez and crew were replacing the roof on an apartment building. mirez

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QUESTION 2 y Ramirez ("Ramirez") owns Ray's Roofing, a sole proprietorship. In October, Ramirez and crew were replacing the roof on an apartment building. mirez had carefully trained his employees to establish wide safety perimeters below their roof ojects. The employees did this by installing wooden barricades to prevent pedestrians from ering the area where falling debris could injure them. Tim Onway ("Onway") was respons le for erecting the barricades and completing the company's Daily Safety Summary ("DSS"), ich included a list of safety precautions and a computer-generated diagram showing where the rricades were placed. As he always did, Onway completed the DSS at 7:45 a.m. on October 17 in part, checking the box reading "installed as shown" next to the diagram. roughly 8 a.m. that day, Anna Boyd ("Boyd") was walking near the project when she was uck by a shingle that had blown off the roof. It hit her in the face, causing significant damage her left eye. She collapsed and lost consciousness. ramedic Frank Field ("Field") was the first medical professional to arrive at the scene, where found Boyd unresponsive. Field noticed that Boyd was lying outside an incomplete perimeter barricades, and that other, identical barricades were still stacked on the ground. Field soon erheard Ramirez calmly whisper to Onway-both of whom had rushed down from the roof en the ambulance arrived-"You know perfectly well you're not allowed to set foot on the roof fore setting up all the barricades. You've really put the company at risk today." yd eventually filed a personal injury action against Ray Ramirez d/b/a Ray's Roofing. Field s subpoenaed for a discovery deposition. In it, he recalled finding Boyd lying outside an incom- te line of barricades. Field also described what he had overheard Ramirez say to Onway. Field er reviewed the deposition transcript and certified its accuracy by signing the certification ge e case proceeded to trial. Field was a key witness. While testifying on direct examination as witness for Boyd, Field was asked to describe what Ramirez said to Onway about not going to the roof until erecting all the barricades. Defense counsel objected on hearsay grounds. The dge overruled the objection and allowed Field to testify about what he had heard. a later point during his direct examination, Field testified that he had found Boyd lyingnside partially complete barricade. After Field repeated that observation in response to several low-up questions, Boyd's lawyer asked Field to think back to his deposition and asked Field ether he recalled testifying then that Boyd was actually lyingoutside the barricade. Defense unsel interposed a hearsay objection, which the judge overruled. Field then testified that he alled his deposition testimony on the issue, but asserted that he must have been mistaken en testifying at the deposition. ter, during the defendant's case, Onway testified that he prepared a DSS at the beginning of ch work day, and that he prepared the DSS minutes before the accident. Later, he forwarded opy of the DSS to his office, where it was usually stored in a file. When defense counsel ered the original DSS into evidence, counsel for Boyd objected on hearsay grounds. The judge stained the objection, preventing the DSS from going into evidence

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