What is the test for witness testimony in a personal injury case?

California, United States of America


The following excerpt is from The People v. Brooks, F057983, Super. Ct. No. F07903746 (Cal. App. 2010):

answer. (See People v. Chatman (2006) 38 Cal.4th 344, 397 [although lay witness generally may not give opinion about another's state of mind, percipient witness may testify about objective behavior and describe behavior as being consistent with particular state of mind]; In re Lucas (2004) 33 Cal.4th 682, 710 [witness observed that defendant avoided and seemed afraid of certain individuals]; People v. Petznick (2003) 114 Cal.App.4th 663, 670 [witness testified that defendant seemed nervous and scared].)19

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