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Vicky L. Kurtz, individually and as administratix of Desiree Smith's (Decedent's) estate, brought suit against Jim's Custom Collision, Inc. The factual background and procedural history

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Vicky L. Kurtz, individually and as administratix of Desiree Smith's ("Decedent's") estate, brought suit against Jim's Custom Collision, Inc. The factual background and procedural history of this case are as follows. In October 2012, Jim's inspected and rotated the tires on Deidre Steiner's ("Steiner's") vehicle. Jim's ordered new tires for Steiner's vehicle and notified her when those new tires arrived; however, she declined to have them installed. On February 28, 2013, Decedent Smith was a passenger in Steiner's vehicle which was traveling on State Route 153 in the area commonly known as Boone Mountain, A winter storm created a virtual "whiteout" in that area. Amber Boyer ("Boyer"), who was traveling in the opposite direction, testified she saw Steiner's car, which was traveling between 50 and 60 miles per hour, sliding into her lane for approximately two seconds. She took evasive action to avoid a collision, N.T., 4/12/17, at 208- 210. Steiner's vehicle continued to slide and collided with the vehicle directly behind Boyer. Decedent died as a result of injuries suffered during the crash, Boyer was called as a defense witness to blame the accident on bad driving during a snowstorm rather than on bad tire rotation. Appellant instituted the instant lawsuit alleging Jim's improperly rotated the tires on Steiner's car. Appellant later amended her complaint to add products liability claims against additional defendants 1. Kurtz calls Andrew Jencks, a neighbor of Jim's Collision for 15 years, to testify that "Jim is careless. I've seen him be careless with tire rotation at least ten times." a. The testimony is admissible as it is based on personal knowledge. b. The testimony is admissible only if Jim testifies first. c. The testimony is admissible as habit. d. The testimony is inadmissible. may Jim's counsel ask "isn't it

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