RE: Oprah Winfrey v. H.E.B.

Oprah was visiting Houston to speak with some fans. She then went to H.E.B after her event to get some ingredients to mix some cocktails for her afterparty later that evening.

She alleges that while shopping at H.E.B she slipped and fell on a broken jar of pickled mini onions that she was going to use to make up a batch of Gibson martinis, and she says that in fact that H.E.B had prior notice of this dangerous condition at the time.

Oprah's witness to the accident (Gayle) proposes to take the stand in court to testify: "Several minutes before my dear friend Oprah entered the canned vegetables aisle, I heard another shopper tell the H.E.B manager, 'Hey look, there is a broken jar of mini onions on the floor in that aisle.'"

So, is Gayle's statement Hearsay? Will it be admissible? Does it fall into a Hearsay exception? Or is it admissible as non-Hearsay evidence? What do you think? Answer accordingly.

Have fun!...

Question 1. Yes

Question 2. Yes

Question 3. Not sure

Question 4. Yes

Question 5. I think HEB knew about and didn't do anything to have the spill remove before Ms. Winfrey arrive at the vegetable aisle. Can you agree with me or I am wrong?