Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Pemberton's counsel seeks to introduce Helper's written statement that Edwards, Mammoth's driver, left his glasses (required by his operator's license) at the truck stop when they left it five minutes before the accident. The judge should rule the statement admissible only if
Pemberton first proves that Helper was an agent of Mammoth and that the statement concerned a matter within the scope of his agency. Pemberton produces independent evidence that Edwards was not wearing corrective lenses at the time of the accident. Helper is shown to be beyond the process of the court and unavailable to testify. the statement was under oath in affidavit form.