Jordan v. Binns

712 F.3d 1123 (7th Cir. 2013)

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Nature of the Case

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Facts

Binns (D) was driving a semi tractor-trailer. D was traveling in the center lane through a right-hand curve when he heard a 'banging noise; he looked at his passenger-side mirror and saw a motorcycle sliding down the right lane. After pulling over to the shoulder, D ran back to find P lying on the pavement, moaning and screaming. P repeatedly said, 'Tell the trucker it's not his fault. It's my fault.' P has no recollection of making these statements and does not recall seeing D at the scene. D relayed P's statements to U.S. Xpress claims manager Keri Bukovitz, Indiana State Trooper Russell Litt, and insurance adjuster Kevin Niles. Trooper Litt recorded D's statement as to what D claimed P had said on his Indiana Officer's Standard Crash Report. P's husband, Ted, arrived on the scene. D testified that Ted mentioned it wasn't D's fault. Ted told the Trooper that P had said that the accident had been her fault, not the trucker's fault. Trooper Litt recorded Ted's recitation of P's statement. Niles testified that, when he went to interview Ted at the hospital, Ted told him that P had said the accident had been her fault. The jury heard D testify that he was confident his truck had not veered into P's lane. P testified that she remained in the left-hand portion of her lane the entire time and that D's trailer had migrated toward her and caused the accident. D's expert testified that, based on a forensic reconstruction, the accident could not have occurred as P claimed. The district court admitted Ted’s statements to D, the police officer, and the insurance adjuster, recounting P’s statement that the accident was not D’s fault. D got the verdict and Ps appealed.