Plaintiff sued Defendant for injuries sustained in an automobile collision. During Plaintiff's hospital stay, Doctor, a staff physician, examined Plaintiff's X rays and said to Plaintiff, "You have a fracture of two vertebrae, C4 and C5." Intern, who was accompanying Doctor on her rounds, immediately wrote the diagnosis on Plaintiff's hospital record. At trial, the hospital records custodian testifies that Plaintiff's hospital record was made and kept in the ordinary course of the hospital's business. The entry reporting Doctor's diagnosis is 
inadmissible, because no foundation has been laid for Doctor's competence as an expert.  inadmissible, because Doctor's opinion is based upon data that are not in evidence.  admissible as a statement of then existing physical condition. admissible as a record of regularly conducted business activity.