Missed Evidence

Question 1

What is curative admissibility?

Answer 1

Otherwise inadmissible evidence is admitted to rebut prejudicial evidence that has already been improperly admitted

Available only when
- prejudicial evidence was admitted through no fault of the party prejudiced
- prejudiced party objected to and move to strike AND
- an instruction to disregard evidence is insufficient to remedy prejudice

Question 2

What are liabilities for car owners

Answer 2

Negligent entrustment
- D knows/should know of driver’s or user’s negligent propensities

Owner liability
- Liable for anyone driving with permission

Family purpose doctrine
- liable for family members driving with permission

Question 3

When is a parent primarily liable for the child’s negligence

Answer 3

D fails to exercise reasonable care to prevent minor child if
1. parent can control child AND
2. knows or should know the necessity and opportunity for exercising such control