Bishop v. R.E.B. Equipment Service, Inc.

735 S.W.2d 449, 1987 Tenn. App. LEXIS 2592
CourtCourt of Appeals of Tennessee
DecidedMarch 31, 1987
StatusPublished
Cited by7 cases

This text of 735 S.W.2d 449 (Bishop v. R.E.B. Equipment Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bishop v. R.E.B. Equipment Service, Inc., 735 S.W.2d 449, 1987 Tenn. App. LEXIS 2592 (Tenn. Ct. App. 1987).

Opinion

CRAWFORD, Judge:

Plaintiff, Clyde Bishop, Administrator of the Estate of Mary Ann Bishop, appeals from the judgment of the trial court on a jury verdict for the defendants, R.E.B. Equipment Services, Inc., Robert E. Box, and Stanley D. Meador.

This is a wrongful death action resulting from a collision which occurred June 3, 1983, at the intersection of Allegheny Loop Road and Six Mile Road in Blount County. Plaintiff’s decedent was proceeding north on Allegheny Loop Road and defendant’s truck was proceeding east on Six Mile Road. A stop sign controls traffic proceeding on Allegheny Loop Road as it enters Six Mile Road. The automobile of plaintiff’s decedent was struck in the left side by the front of defendant’s truck as the automobile proceeded into the intersection from the stop sign. Plaintiff’s theory of recovery is that defendants were operating the vehicle negligently and had the last clear chance to avoid the accident. Defendants contend that the negligence of plaintiff’s decedent was the direct and proximate cause of the collision.

Plaintiff has presented one issue for review by this court which we quote:

Whether it is reversible error for the trial court to admit as substantive evidence a hearsay expert report of an expert.

The admission of the allegedly erroneous evidence occurred in connection with the testimony of Bobby Jones, an accident re-constructionist presented as a witness for the plaintiff. Jones testified regarding conditions at the scene of the accident, point of impact, and the final resting place of the vehicles. We quote from the record that part of his testimony on direct examination from which the controversy presented in this appeal originated:

Q. All right. Now, relative to the point of impact on the — in the collision itself, did you determine the point of impact?
A. Yes, I did.
Q. And, where is that?
MR. NICHOLSON: We object Your Honor.
THE COURT: Gentlemen, tell me why you object. Don’t just object.
MR. BROWN: He hasn’t told us anything about how he arrived—
MR. NICHOLSON: at point of impact, any basis on which he makes that conclusion.
Q. Where did you get your information about the point of impact?
A. From the defendant’s expert’s report.
THE COURT: Go ahead.
JONES — DIRECT
Q. Where did you determine to be the point of impact?
A. Five feet north of the center line of Six Mile Road and one foot east of the center line of Allegheny Loop Road.
THE COURT: Five feet north of the center line of Six Mile Road and what else?
[451]*451THE WITNESS: And, one foot east of the center line of Allegheny Loop Road.
Q. Would you care to step down Mr. Jones and put a “PI” and an arrow drawing to the point of impact.
(Witness complies with request of counsel.)
Q. Now, did you independently verify that based on your investigation, not only what the defendant’s expert did, but did you also check that?
A. Yes, sir, I did.
Q. All right. Is that where you independently determined the point of impact to be?
A. Yes, I did.

On cross examination by defendant’s counsel, the following occurred:

Q. You have previously referred to the various things on which you have relied. One being exhibit number nineteen [Defendant’s expert report] for identification purposes. I show you exhibit nineteen. Is that the report on which you say you relied on some of your measurements and conclusions?
A. This is a copy of that report.

After much colloquy between counsel, the court allowed part of the report to be introduced as an exhibit and to be passed to the jury for inspection. A reproduced copy of the exhibit as admitted is attached as an addendum to this opinion.

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Bluebook (online)
735 S.W.2d 449, 1987 Tenn. App. LEXIS 2592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-reb-equipment-service-inc-tennctapp-1987.