A truck was struck by a train while the truck was crossing railroad tracks. Although the crossing gate had malfunctioned, the train engineer had blown a warning whistle before entering the crossing. Among the legal actions precipitated by this accident, the trucking company sued the railroad for damages stemming from the destruction of its truck and the contents of the truck. The railroad sought to introduce a written statement given to police by a passenger in the truck, who alternated driving duties with the person driving the truck at the time of the accident, that the driver had left his hearing aids at a rest stop shortly before the accident. Both the passenger and the driver of the truck, who are employees of the trucking company, are available to testify. A. Is this statement admissible against the trucking company?
B. Yes, because the statement was made by the trucking company's employee.
C. Yes, under the business records hearsay exception.
D. No, because the passenger was not employed as a spokesperson for the trucking company.
E. No, because both the passenger and the driver of the truck are available to testify.