KRUEGER V. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.
707 F.2d 312 (8th Cir. 1983)
NATURE OF THE CASE: This was a case involving an auto accident.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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