Flashcards Studio

In a civil action for damages arising from a road collision caused by alleged negligent maintenance of a public bus, plaintiff P offers the testimony of R, a 59-year-old eyewitness who is blind. R personally perceived the event through non-visual senses, reporting the sounds of screeching tires, the crash, the passengers’ voices, and the vibrations felt in the seat. He cannot perceive the collision visually. The defense objects that R is not competent to testify because he cannot observe the incident with his eyes. The court must decide (a) whether R is a competent witness and why, (b) if competent, how the defense may attack R's credibility, and (c) if R's testimony is the only direct evidence against the defendant, what additional proofs or considerations are needed to sustain a verdict.