Krueger v. State Farm Mutual Automobile Insurance Co.

707 F.2d 312 (8th Cir. 1983)

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Nature of the Case

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Facts

Batchman was driving her car and notice a Mr. Krueger on the opposite shoulder of the road standing behind his car. Batchman took her foot off the accelerator and then Krueger began to proceed on foot across the lanes of traffic stopping in the center lane. He then began to cross into Batchman's lane when her vehicle was 150 feet from him. Krueger did this after looking straight at Batchman's car. Krueger was hit by Batchman's car and died. A witness, Anthony Castelli, to the accident was not allowed to testify as to whether Batchman had the ability to stop before she hit Krueger. Castelli was allowed to testify about distances and speeds but not to whether Batchman could have avoided the accident. Proper objection was made. Batchman prevailed, and P appealed.