Question

A plaintiff sued an industrial facility in her neighborhood for injuries to her health caused by air pollution. At trial, the plaintiff was asked questions on direct examination about the days on which she had observed large amounts of dust in the air and how long the condition had lasted. She testified that she could not remember the specific times, but that she maintained a diary in which she had accurately recorded this information on a daily basis. When her attorney sought to refresh her recollection with her diary, she still could not remember. The plaintiff's attorney seeks to have the information in the diary admitted at trial.
Is the information admissible?

Answer 1

Answer:

The missing options are:

A No, because reviewing it did not refresh the plaintiff's recollection.  B No, unless it is offered by the defendant.

C Yes and the plaintiff should be allowed the option of reading it into evidence or having the diary received as an exhibit.

D Yes, and the plaintiff should be allowed to read the diary into evidence.

The correct answer is D.

Explanation:

The information in the diary is admissible because the testimony that the witness gave is not enough or accurate. With the diary, what the witness stated can be completed since it is a complement of what she said. It is valid because she wrote it and assures that the information documented in there is correct and was written by someone that is in a good state of mind and health to do so.