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Hores v. Weaver11/10/2005
{ } Plaintiff-appellant, Thomas Hores, appeals the judgment of the Trumbull County Court of Common Pleas, following a jury trial, in favor of defendant-appellee, Timothy Jon Weaver, on Hores' personal injury claim. At sole issue in this appeal is whether the trial court erred in excluding the testimony of Edward Brooks, the only non-party eyewitness to the accident which caused Hores' injuries. We conclude that the trial court abused its discretion by excluding Brooks' testimony, andreverse the decision of the trial court.
{ } In the early morning hours of December 31, 1997, Hores was operating a tractor-trailer truck eastbound in the right-hand lane along a mostly flat rural stretch of the Pennsylvania Turnpike, just west of Breezewood, Pennsylvania, en route from Wheeling, West Virginia, to Philadelphia.
{ } Weaver worked as a driver for Nick Strimbu, Inc. ("Strimbu"), an Ohio Corporation, and was hauling steel on a covered flatbed trailer on the night of the accident. Weaver was also traveling eastbound on the turnpike, in the right hand lane, at a speed of 25-35 miles per hour, after recently entering the turnpike from a paved pull off area at the side of the road, commonly referred to as a "wide area." While not technically a rest area or service plaza, these paved "wide areas" are commonly used by truck drivers as stopping points along the Pennsylvania Turnpike.
{ } Hores' truck approached Weaver's truck from behind, traveling at a speed of 65 to 67 miles per hour. For whatever reason, Hores did not slow down as he approached the Weaver truck. As he approached the rear of Weaver's truck, Hores suddenly swerved in an attempt to avoid a collision, but struck the trailer in the left rear. On impact, Hores' truck burst into flames and eventually came to rest in the left-hand lane near the concrete median divider. As a result of the accident, Hores suffered serious injuries to his knee and shoulder.
{ } Brooks, who was traveling in the opposite direction, witnessed the explosion when the trucks collided. Upon witnessing the explosion, Brooks, who was among a group of three trucks driving a short-run mail route that night, radioed to the two other drivers and requested that they report the accident to the police. Brooks then pulled over to the side of the road and ran back to the scene of the accident to assist Hores. Hores, who was trapped inside the burning truck, attempted to escape through the windshield, but his foot was tangled in the safety belt. Brooks extracted Hores from his truck, cutting the belt free from Hores' foot and moving him to safety. Hores was subsequently life-flighted to Hershey Medical Center for treatment.
{ } Approximately twenty minutes from the time of the accident, the Pennsylvania State Police arrived on the scene, and took statements from Weaver and Brooks. Police were unable to take a statement from Hores until the next day. Brooks subsequently appeared as a witness at two traffic proceedings in Pennsylvania related to the accident. In the first proceeding, Hores was charged and found guilty of careless driving. In the second proceeding, Hores appealed his traffic conviction, and it was reversed.
{ } Hores filed a personal injury action against Weaver in Belmont County, Ohio, alleging, inter alia, negligence, and reckless and conscious disregard for safety of others from both Weaver and Strimbu, under the theory of respondeat superior and seeking compensatory and punitive damages. This case was subsequently transferred to Trumbull County, upon stipulation of the parties, under Case No. 02-CV-816, and the cause was consolidated for the purposes of trial on the merits with Case Nos. 02-CV-817 and 02-
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