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15. The plaintiff's testimony is
A plaintiff sued a defendant for injuries suffered in a car accident allegedly caused by brakes that had been negligently repaired by the defendant. At a settlement conference, the plaintiff exhibited the brake shoe that caused the accident and pointed out the alleged defect to an expert, whom the defendant had brought to the conference. No settlement was reached. At trial, the brake shoe having disappeared, the plaintiff seeks to testify concerning the condition of the shoe.
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B is correct. The plaintiff's testimony is admissible because FRE 601 considers a witness with personal knowledge to be competent to testify. The plaintiff here has personal knowledge given that the shoe was produced at the settlement negotiations and examined by the plaintiff.
A is incorrect. This answer reaches the correct answer with the wrong reasoning. Although the plaintiff's testimony is admissible, it is because the plaintiff had examined the shoe and thus had personal knowledge, thereby establishing competency to testify. The defendant's expert's examination of the shoe has no bearing on the plaintiff's ability to testify competently.
C is incorrect. The fact that the brake shoe was produced and examined during the course of settlement negotiations is irrelevant to the determination of whether the plaintiff may testify here. The plaintiff's personal knowledge is what is necessary, regardless of the fact that it was procured during settlement negotiations.
D is incorrect. The plaintiff does not need to establish that the disappearance was not the plaintiff's fault before being competent to testify about its condition. A witness may testify to matters within his personal knowledge, and, because the item of evidence is not a writing, recording, or photograph, no other requirements apply.