During depositions prior to trial in a car accident case, defendant’s paralegal noticed that Doris Bistander was wearing glasses and a hearing aid. Doris was questioned about her eyesight and her hearing during the deposition. Defendant requested discovery of Doris’ eye and hearing records which documented that Doris had been newly fitted for both the glasses and the hearing aid the day after the accident. At trial, the Defendant claims that another car had hit the Plaintiff’s car and that the damage to the Defendant’s car was from a previous accident. Doris, who was the only eyewitness, testified that the defendant’s silver Porsche screeched to a halt by slamming into the back of Plaintiff’s green BMW.
(1) Could the defense impeach Doris with the medical records regarding her eyesight and her hearing?
(2) Would the extrinsic evidence be admissible?
(3) Would the impeachment be regarding Doris’s veracity? Why or why not?
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