How Would YOU Rule?How Would
YOU Rule?  

1. Consuela sues Mike the mechanic in small claims court. Consuela claims that Mike charged for repairing her car, but she had to pay another mechanic to correct Mike’s work. She claims Mike charged for some repairs he didn’t do and for repairs she did not authorize, and he failed to itemize all the costs for labor and parts. Consuela brings a copy of Mike’s repair estimate and receipt and a statement and receipt from the second mechanic. Which of these items are admissible?

a. The copy of the estimate and receipt from Mike

b. The statement and receipt from the second mechanic

c. All this evidence

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANSWER

The answer is c: All this evidence may be admitted.

Consuela does not have the original estimate, but a copy should be sufficient, especially if the form matches the merchant’s copy brought by Mike. You may also admit Consuela’s statement from the second mechanic. Although Mike cannot cross-examine that mechanic or investigate his or her expertise, you decide what weight to give the statement.

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