Paula Parent sues Jones Jungle Gym Co. for negligence for injuries her child, Chuck, sustained when he played
Paula Parent sues Jones Jungle Gym Co. for negligence for injuries her child, Chuck, sustained when he played at a Jones facility and got numerous splinters from the wood chips that surrounded the base of their play equipment. After Paula introduces evidence that three other children were injured on the Jones equipment, Jones introduces evidence that over 100,000 other children played on the equipment using the same wood chips without injury. Paula objects on character evidence grounds, and Jones moves to strike Paula’s evidence about the three other children. How should the judge rule? Question 6 options: a) Sustain Paula (exclude Jones’ evidence) and sustain Jones (strike Paula’s evidence) b) Sustain Paula (exclude Jones’ evidence) and overrule Jones (let Paula’s evidence stand). c) Overrule Paula (admit Jones’ evidence) and sustain Jones (strike Paula’s evidence) d) Overrule Paula (admit Jones’ evidence) and overrule Jones (let Paula’s evidence stand).
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