Dennis and Peter were motorists. As Peter was driving to work one day, his car was struck by a vehicle driven by Dennis. Peter immediately got out of his car and, after getting Dennis’s driver’s license and other data, began asking people in the area if they had seen what had occurred. Although somewhat reluctant to get “involved” Mary told Peter that she had seen the accident, and that Dennis’s vehicle was over the center line when the crash occurred. Three days later, an adjuster employed by Peter’s insurer also asked Mary what had occurred and received the same response. Peter sued Dennis (who claimed that Peter’s vehicle was over the center line). At trial, when Peter’s attorney attempts to have the insurance adjuster testify as to what Mary had said to him, Dennis’s attorney objects.

It is most likely that the testimony will be:

A. Admissible because it is an admission

B. Admissible because Mary’s statement was an excited utterance

C. Inadmissible because there is no indication that Mary is unavailable

D. Inadmissible because Mary’s statement is hearsay

E. None of the above.