Deaver v. Hickox

224 N.E.2d 468, 81 Ill. App. 2d 79, 1967 Ill. App. LEXIS 892
CourtAppellate Court of Illinois
DecidedMarch 16, 1967
DocketGen. 10,784
StatusPublished
Cited by19 cases

This text of 224 N.E.2d 468 (Deaver v. Hickox) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deaver v. Hickox, 224 N.E.2d 468, 81 Ill. App. 2d 79, 1967 Ill. App. LEXIS 892 (Ill. Ct. App. 1967).

Opinions

TRAPP, J.

This is an appeal from judgments of the Circuit Court against the defendant and in favor of Althea Deaver, Executor of the Will of Philip F. Deaver, deceased, and as Administrator of the estate of Lester M. Samples, deceased. The actions for wrongful death followed a collision of two automobiles at an unmarked country intersection.

There were no competent eyewitnesses to the accident. The Deaver Buick automobile was proceeding south while the Hickox Falcon automobile was proceeding east prior to the collision. There was standing corn in the northwest corner of the intersection which obscured the view of both drivers. The Hickox car left 39 feet of skid marks prior to the collision and apparently proceeded another twenty to twenty-five feet. The Deaver car was struck on its right side, overturned and came to rest on its top against a corner post in the southeast corner of the intersection about 17 feet from the center of the intersection.

The sole basis of the appeal is the action of the trial court in admitting, over objection, the expression of an opinion by a state highway police officer, Joe McCombs, as to the speed of the vehicles prior to the collision.

The witness had been a state police officer for about eight years. He had six weeks recruit training at the State Police Academy in Springfield, a two-weeks course on traffic patrol and accident investigation at Northwestern University, a two-weeks refresher course conducted by Northwestern University, and a one-month course in basic police work at the University of Illinois Police Institute in Champaign, Illinois. In the accident investigation course many aspects were studied, including taking care of the injured, measurement of skid marks, estimating damage to vehicles and accident reports. As expressed in ambiguous language, determination of speed in reference to skid marks and damage to vehicles was studied. The officer has investigated between 450 and 500 automobile accidents.

The officer described the skid marks and the position of the cars above referred to, stated that the primary damage to the Deaver automobile was at the right-hand door of the two-door vehicle, and that the primary damage to the Hickox vehicle was all in the front end including both front fenders, the hood and bumper, all of which were knocked back a foot to eighteen inches. Photographs of the damaged vehicles were exhibited to the witness. He testified that the oiled surfaced roadway was hot and soft.

The witness was asked the following question to which objection was made:

“Q. Officer, based upon your schooling, your training, and your experience, and based upon your personal observation of the length of the skid marks left by the defendant’s car, the type and condition of the oiled surface roadway that you observed there at that time, and the type and extent of damage to the defendant’s car, the damage to the left side of the plaintiff’s — pardon me — of the doctor’s car, the damage to the right side of the doctor’s car, the fact that the doctor’s car had damage to the top, the fact that the doctor’s car had rolled over on its top, the size of each of the automobiles that you observed there, and the general construction of the Buick, and the respective location and distance of each car from the intersection, as you observed them there, now, based upon those observations do you have an opinion as to the speed of the defendant’s Falcon when it struck the doctor’s automobile?”

After objection, the court interrogated the witness out of the presence of the jury as follows:

“The Court: Let me ask you, Officer, do you feel that you have sufficient background to express an opinion on the matter?
“A. Yes, I have an opinion. I can’t say exactly, naturally. I don’t think anyone can where you’ve got an impact involved, say exact speed. I think I could from past experience more than education, can estimate a speed, speculate a speed, rather.
“Mr. Byan: Did you say speculate a speed, Trooper?
“The Court: You mean estimate, based on skid marks and impact there as you saw it ?
“A. Well, Your Honor, more on automobile damage than the skid marks. Skid marks, where you have a terrific amount of automobile damage following it, from my study, leaves a lot to be desired. You can’t go much by the skid marks when you’ve got a terrific lot of automobile damage after it.
“Mr. Ryan: And that’s what we have in this case. I understood the trooper to say here that where there are terrific skid marks and terrific damage to the automobile it is difficult to estimate the speed.
“The Court: From the skid marks.
“A. From the skid marks, yes.”

The jury was then returned to the courtroom. The witness was then asked:

“Q. Now, officer, based on the observations which you have made and which we placed in our question to you do you have an opinion as to the speed of the defendant’s Falcon when it struck the doctor’s Buick? . . .
“A. Ido.
“Q. And what is that opinion ?
“A. My opinion is that the speed at the time of impact would be between sixty and sixty-five miles an hour.”

It is to be noted that in the colloquy with the court, the witness largely abandoned the use of any training and education upon the subject of computing the speed, but expressed reliance upon his investigation of accidents over the eight years of police service. The record is bare upon whether such investigations referred to included any tests or computations or other such determinations of speed of vehicles based upon physical damage. The witness had never previously qualified as an expert upon the subject.

From American Jurisprudence Proof of Facts, Yol 10, we find several statements regarding the qualifications necessary in making computations of this nature. Included are a knowledge of physics and the study of mechanics, i. e., the characteristics of motion and energy and the formulas using the characteristics of momentum, inertia, velocity and friction, (p 673). It is further said that where there is a substantial weight or design difference between the colliding vehicles, the calculations should be made by technical experts with formulas which consider several aspects of force of impact other than damage, (p 749). See Miller v. Pillsbury, 33 Ill2d 514, p 516, 211 NE2d 733.

From the excerpts of testimony from the proceedings several observations may be made. First, no statement was elicited from the witness, or from others, that there exists a science requiring special skills beyond the ken of the average juror from which a judgment of speed with reference to the vehicles involved could be made with any degree of certainty. Second, no statement was elicited from the witness that he was possessed of the skills necessary to make a determination of speed with relative certainty from the facts presented to him.

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Bluebook (online)
224 N.E.2d 468, 81 Ill. App. 2d 79, 1967 Ill. App. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deaver-v-hickox-illappct-1967.