Widow, the administrator of Pedestrian’s estate (P), is suing Driver as a result of an automobile accident in which a truck, driven by Driver and owned by Oil, Inc., struck Pedestrian and caused extensive injuries to Pedestrian which eventually caused his death one month after the accident.
Bystander, who witnessed the accident, gave a signed written statement about the accident to an investigator several days later, in which she said that Pedestrian crossed the street at a time when Driver had a green light. At trial three years later, when called by Driver’s attorney, Bystander testified on direct examination that Driver went through a red light and hit Pedestrian. Driver’s attorney may:
A. Upon proper authentication of Bystander’s signature, introduce the statement to prove that Driver had a green light at the time of the accident.
B. Show the written statement to Bystander to attempt to refresh her recollection.
C. Hold the statement until Bystander gets off the stand and leaves the courtroom, and then introduce the statement through the investigator for the purpose of impeaching Bystander’s credibility.
D. Not use the statement in any way.
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