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Kersey v. Ruch Trucking12/1/2003
wagon.
Joseph Douglas Holloway testified that at the time of the collision he was driving south on Alpine Road. Holloway was traveling in the inside lane. Holloway slowed down as he approached the Spring Creek Road intersection because the traffic signal was red. Holloway first observed Shawnna's vehicle as the traffic signal changed to green. As Holloway accelerated, he noticed a station wagon traveling north enter the left turn lane to go west on Spring Creek Road. According to Holloway, the station wagon "made kind of a little bit of a hesitation stop like it was going to stop, and then it proceeded." Holloway slammed on his brakes and swerved to avoid the station wagon. Holloway was unaware of Lyle's presence until he heard the impact. Holloway estimated that Lyle was traveling at the speed limit.
Jennifer Cliningsmith testified that at the time of the collision she was also traveling south on Alpine Road in the inside lane. Cliningsmith was driving a pickup truck with a five-speed manual transmission. There was a car directly in front of Cliningsmith and a truck to her right. Cliningsmith recalled that there was a little bit of snow and rain the day of the accident. Cliningsmith testified that as she approached the Spring Creek Road intersection, she began to downshift her vehicle from third to second gear because the traffic signal was red. When the traffic signal turned to green, Cliningsmith upshifted her vehicle from second to third gear. She estimated that she would have been going 25 to 30 miles per hour at the time and that the truck to her right was going about the same speed. As she was shifting from second to third gear, Cliningsmith noticed a station wagon traveling north on Alpine Road enter the left turn lane to head west on Spring Creek Road. According to Cliningsmith, the station wagon was "coming quick." Cliningsmith applied her brakes and took evasive action to avoid a collision with the car in front of her. According to Cliningsmith, the car in front of her "barely missed" the station wagon. Cliningsmith testified that the roads were wet and that her vehicle slid a bit as she braked to avoid the collision.
Deputy Anthony Moore of the Winnebago County sheriff's police investigated the December 12, 1996, accident. Moore is a certified accident reconstructionist. Moore testified in his capacity as an employee of the Winnebago County sheriff's police and as an expert retained by plaintiff. Moore testified that the accident was reported at 6:03 p.m. and that he arrived at the scene at 6:26 p.m. Moore stated that at the time of his arrival, the roads were dry. Moore explained that if the pavement had been wet, there would not have been a skid mark. However, Moore determined that the truck that Lyle was driving left a 102-foot-long skid mark on the roadway. According to Moore, the truck skidded for 25 feet before striking the passenger side of Shawnna's station wagon. Moore determined the point of impact by locating the gouge marks in the pavement. Following impact, the truck pushed the station wagon in a southwesterly direction for 77 feet before coming to rest.
Moore's investigation consisted of three different analyses: the slide-to-stop test, the "barrier equivalent velocity" test, and the momentum test. The slide-to-stop test measures the speed of a vehicle at the first visible skid. Moore testified that, with respect to the slide-to-stop test, the length of the skid mark and the type of roadway surface are significant. In order to conduct this analysis, Moore had to determine the coefficient of friction. To measure the coefficient of friction, Moore dragged a "sled" across the roadway surface. The "sled" consisted of half of a motor vehicle tire att
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