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Haslam v. Russell12/8/2003
JUDGMENT: Affirmed.
. Appellants Dennis and Teresa Haslam brought a personal injury action against Appellee Theresa Russell arising out of an automobile accident. The jury rendered a unanimous verdict in Appellee's favor. Appellants filed post-trial motions, which were overruled. Appellants argue that the evidence does not support the jury verdict, that there was juror misconduct, that the police officer who investigated the accident should have been allowed to give a layperson opinion, and that the trial judge incorrectly responded to a question from the jury. We do not find any of the alleged errors rise to the level of reversible error, thus, the judgment of the trial court is affirmed.
. On January 2, 2000, Appellant Dennis Haslam was driving a mini-van on Sykes Ridge Road in Monroe County. His wife Teresa and his two children were passengers in the vehicle at the time. Sykes Ridge Road is a rural, two lane highway with no markings on the road. There are also deep ditches on either side of the road.
. At approximately 6:30 p.m., Mr. Haslam approached a rise in the road that prevented him from seeing any vehicles that might be coming from the opposite direction. At that same time, Appellee was approaching the hill in the opposite direction in a passenger car. Appellee was seventeen years old at the time. It was dark and both vehicles had their headlights on.
. Both Appellee and Appellants saw headlights coming toward them as they approached the top of the hill. Appellee crested the hill first, and the two vehicles sideswiped each other as they passed. Both drivers claim to have swerved away from the center of the road to avoid being hit. Mr. Haslam drove his minivan over the top of the hill and pulled the vehicle into a nearby driveway to get it off the road.
. Sergeant Garland Gibson of the Monroe County Sheriff's Department arrived a few minutes later to investigate the accident. He took statements from both drivers. He also measured tire tracks that were left in the berm of the road and ended where Appellants' minivan was parked. The tracks were 78 feet long, and extended in a straight continuous line along the berm of the road. (Trial Tr., p. 227.) There was no snow on the ground, but the berm was wet from previous snow. (Trial Tr., p. 229.)
. On December 20, 2001, Appellants filed a personal injury negligence complaint against Appellee in the Monroe County Court of Common Pleas. Appellants alleged that they sustained bodily injuries, emotional pain and suffering, medical costs, and other damages due to the accident. A jury trial was set for January 13, 2003.
. On January 6, 2003, Appellee filed a number of motions in limine, one seeking specifically to prevent Sgt. Gibson from giving any opinion about the cause of the accident, the point of impact, or the speed of the vehicles at the time of impact. Appellee did not believe that Sgt. Gibson had any special training in accident reconstruction to enable him to give such opinions. Appellants filed their own motion in limine attempting to prevent Appellee from introducing evidence that might violate the collateral source rule.
. The court heard the motions on January 10, 2003, at the final pretrial conference. The judge agreed with Appellee that Sgt. Gibson could not give any opinions about the cause of the accident or point of impact. Appellee notified the court that she was prepared to call an expert witness, Mr. Jack Holland, to rebut any opinions that Sgt. Gibson might give. The judge informed the parties that Appellee would be permitted to call a rebuttal expert witness if Sgt. Gibson gave his opinions about the cause of the accident.
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