At trial, one of the issues is whether the street was wet. Walt is prepared to testify that he couldn’t tell if the street was wet, but that he did notice some pedestrians carrying umbrellas, although they were not opened.
Sam, who owns a store that is 100 feet away from the accident scene, is ready to tell the court that the floor of his store was unusually muddy on the day of the accident, but that he had not been outside.
Terrie, an accident investigator, arrived on the scene several hours after the accident. She noted in her report that the ground was dry when she arrived, but that it could have been wet at the time of the accident because there were rain clouds in the area.
Homer is employed by the weather service and notes that on the day of the accident, a significant amount of rain had fallen at the weather service station, which is located 15 miles away from the accident scene.
You are representing the defendant. What evidentiary issues are raised by the above facts, and how are they likely to be resolved?
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