Question
The plaintiff sued the defendant for damage that resulted from a collision between the plaintiff's motorcycle and one of the defendant's trucks. After receiving the
The plaintiff sued the defendant for damage that resulted from a collision between the plaintiff's motorcycle and one of the defendant's trucks. After receiving the summons, the president and sole stockholder of the defendant notified the company attorney. The attorney said that she wanted to meet with the president and the driver of the truck. At the attorney's request, the president went to the attorney's office with the driver who had been driving the truck at the time of the accident. While discussing the case with the attorney in the presence of the driver, the president said that on the day before the accident, he was aware that the truck's brakes were not working properly but that because of his heavy workload, he postponed making the necessary repairs. At the trial of the plaintiff's suit against the defendant, the plaintiff attempted to have the driver testify to the statement that the president made to the attorney about the brakes. The defendant's attorney objected on the ground of the attorney-client privilege. Should the driver be permitted to testify to the president's statement? (A)Yes, because the attorney-client privilege does not apply to testimony by one who does not stand in a confidential relationship with the person against whom the evidence is offered. (B) Yes, because it is presumed that a communication made in the presence of third persons is not confidential. (C) Yes, because communications made by or on behalf of corporations are not privileged. (D) No.
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