MILLER V. KEATING
754 F.2d 507 (3rd Cir. 1985)
NATURE OF THE CASE: This was a personal injury action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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