Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis offers to have Bystander testify that he was talking to Witness when he heard the crash and heard Witness, now deceased, exclaim, "That car doesn't have any lights on." Bystander's testimony is
admissible as a statement of present sense impression admissible, because Witness is not available to testify.  inadmissible as hearsay, not within any exception.  inadmissible, because of the Dead Man's Statute.