Warren L. Baker, Jr. and Dorris J. Baker - Page 14




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          II. Evidentiary Issue                                                       
               We first deal with an evidentiary issue presented at trial.            
          Petitioners proffered a list of questions and answers dated                 
          February 14, 1991, which was marked for identification as Exhibit           
          12-P.  The questions were prepared by a representative of                   
          respondent, and the answers were provided by a representative of            
          State Farm.  Respondent objected to the admission of the document           
          and asked for an opportunity to authenticate the document.  The             
          Court admitted the document, although it was not admitted for the           
          truth of the assertions contained therein.  In a supplemental               
          stipulation of facts the parties agreed that the State Farm                 
          representative who provided the answers to Exhibit 12-P, if                 
          called as a witness, would testify as set forth in a declaration            
          attached to the supplemental stipulation as Exhibit 13-R.  In the           
          declaration the representative states that he provided the                  
          answers contained in Exhibit 12-P and further explains the                  
          answers set forth in Exhibit 12-P.  Petitioners, however, object            
          to the admission of Exhibit 13-R on the ground that State Farm’s            
          “view” of certain matters is not relevant.  In this regard, the             
          objection appears inconsistent with petitioners’ proffer of                 
          Exhibit 12-P, which expresses the “view” or opinion of the same             
          individual.                                                                 
               Considering Exhibits 12-P and 13-R together, we are                    
          satisfied that our initial ruling was correct and that Exhibit              






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