Robinson v. Bump

894 F.2d 758 (5th Cir. 1990)

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Nature of the Case

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Facts

This is a diversity negligence action brought by Ps, the estate and family of Willie Robinson, against Willis Harris, MTD Products, and Henry Bump (Ds). MTD Products (D) employed Henry Bump (D) to operate an eighteen-wheel tractor-trailer rig. Bump (D) testified that when he saw a white car attempting to pass him he applied his brakes and began to skid. He held his foot on the brake until the white car edged into the lane in front of him. He then observed the Harris car strike the bridge rail and come across the center line and strike the left front of his rig. Bump (D) was thrown about the cab and did not brake at any time after the collision. He noticed that the impact with the Harris car had affected the steering and that the rig was veering to the left. Willie Robinson's (P) car was following behind the Harris car. The rig entered the southbound lane, struck P’s car, and dragged it back approximately 185 feet. P and three family members were killed; two other family members were injured. The white car that began the chain of events was never identified. Battle, driver of the car following Bump (D), was called to testify for Ds. He testified that Bump (D) was 'in total control' of the truck until it was struck by the Harris vehicle. Ps objected and argued that this testimony constituted either a legal conclusion or an opinion on an ultimate issue. The jury found that Harris' negligence caused the accident but that Bump (D) was not negligent. Ps appealed.