- P sues D, alleging that D was driving drunk.
- In D’s answer, D denies driving drunk and asserts the affirmative defense that P was comparatively negligent.
- D knows about witnesses W1, W2, and W3.
- Which of the witnesses must D disclose?
Witnesses that D knows of:
- W1: Would testify that D ran into P’s car.
- W2: Would testify that 1) D was driving drunk; and 2) P was texting while driving.
- W3: Would testify that D was not driving drunk
Posted Feb. 24, 2016