BAKER V. ELCONA HOMES CORP.
588 F.2d 551 (6th Cir. 1978)
NATURE OF THE CASE: This was a lawsuit over an auto accident. Baker (P) appealed from a
judgment for defendants arguing an error in admission of certain evidence.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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