Baker v. Elcona Homes Corp.

588 F.2d 551 (6th Cir. 1978)

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Nature of the Case

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Facts

In 1973, a car with occupants returning from a high school outing was struck by a truck driving by Joseph Slabach, who was returning home after making a delivery for his employer, Elcona Homes Corporation (D). Slabach was operating the truck in the course of his employment with D. Of the occupants in the car one was seriously injured while the other five were killed, Slabach did not sustain any serious injury. A diversity complaint was filed by Cindy Baker (P) along with the estates of the four deceased passengers against Slabach and D. Ps sued for negligence. Slabach testified that he would not see the traffic light because he was blinded by the sun and P could not remember anything about the accident. There was no direct eyewitness testimony. Judgment was given D, and P appealed; the admissibility of a police accident report was improper.