Miller v. Keating

754 F.2d 507 (3rd Cir. 1985)

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Nature of the Case

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Facts

Miller was involved in an accident while trying to avoid a stalled vehicle. Miller and her passenger Vay had testified that Miller had stopped her car before the Texaco truck struck her from the rear. The driver of the tractor-trailer testified that Miller had pulled in front of him and at that point, he was too close to stop. Evidence at trial was conflicting upon many points. The people in the stalled car were approached right after the accident and told by a witness that, 'the bastard tried to cut in.' Miller objected to the testimony, but it was admitted anyway. P lost and appealed.