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15. How should the court rule on the admissibility of the store manager's testimony?
A plaintiff sued a department store for injuries she sustained when she slipped and fell in the store. At trial, the plaintiff proposes to testify that, when the store manager rushed to the scene, he said to the plaintiff, «I'm so sorry about the water on the floor there, but don't worry—the store will pay for the ambulance and your hospital bill.» The store's attorney objects.
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A is incorrect. Only part of the statement is admissible. The second portion of the testimony is inadmissible as an offer to pay medical expenses. Even though the statement is an admission made by a party-opponent, Rule 409 excludes such statements for policy reasons.
C is incorrect. A statement may be admissible only in part or for limited reasoning. Here, the first part of the statement is admissible as an admission. However, the second portion is excluded as an offer to pay medical expenses.
D is incorrect. Rule 409 is a narrow rule, which only excludes the offers themselves and not the surrounding statements. Therefore, only part of the statement is inadmissible as an offer to pay medical expenses. The first half of the statement may be admissible as an admission.