Evidence Writing Question

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Marte Song was injured while attempting to light a propane grill. Though it was the deep in Minnesota winter, she decided to grill dinner. She went out to her patio, cleared the snow off the grill, turned on the propane tank, opened the lid to the grill, and lit it. She then went back inside. When she returned, she says just a few minutes later, she noticed the wind had blown out the flame in the grill. When she tried to relight the grill, she was engulfed in flames, and badly burned. (If you want to see a hard-hitting expose of this kind of problem, take a look at the video, Danger in the Backyard: Propane Grill ExplosionLinks to an external site.

Song brought a lawsuit against Kensington Grills, the manufacturer of the grill. As part of her claim, Song alleges that the manual accompanying the grill should have contained a warning about the dangers of propane fumes accumulating around the grill after the flame has gone out. This danger, according to Song’s experts, is particularly great during cold weather. Kensington claims that it had no notice of this problem before Song’s accident and that Song’s own negligence in leaving the grill unattended caused the accident. According to Kensington’s experts, the flame on the grill must have been out for at least 30 minutes in order for enough propane to accumulate to cause an explosion.

1. At trial, Song would like to testify about a cooking class she attended on winter grilling. If permitted, Song will testify that person teaching the class said, “Light your grill so it gets good and hot. As long as you leave the lid open, you can leave the grill for as long as it takes you to get your food ready to cook.” The person teaching the class was not a Kensington employee or affiliated with Kensington in any way, but she was using a Kensington grill. Can Song offer any part of this statement for any relevant purpose other than truth of the matter asserted? Which part? For what purpose? Make sure you explain your answer.
2. Song would also like to introduce a video clip of a news interview with a Kensington executive from last January. When a television celebrity was injured in a similar accident (while using a different manufacturer’s grill), Kensington sent out a press release emphasizing that its grills were safe to use in the winter. In the video clip, the news reporter says to the Kensington executive, “Our Channel6 NewsWatch Team has learned that Kensington grills have been involved in similar accidents. When we took one of your grills to a product design engineer, we were told that your grills are inadequately ventilated. What is your response?” The Kensington executive responded, “Well, I don’t think I’m going to respond to that at all.” Can Song offer any part of this video clip for any relevant purpose, either for truth of the matter asserted or for some relevant purpose other than truth of the matter asserted? What parts? For what purpose or purposes? Make sure you explain your answer.

Assignment Requirements

• Use your assigned readings, discussions, and feedback from last week and past weeks. Pay particular attention to the materials on statement of a party-opponent and non-truth use of statements.
• Write a paper, no more than 750 words in length. You may not need to use 750 words. that limitation is a maximum length, not a suggested length.
• Please use standard 8 1/2″ by 11″ paper, 1″ margins, 12-point font, and double space your answer.