Baker v. Elcona Homes Corp.

Joseph Slabach (defendant) was driving westbound in a semitruck for his employer, Elcona Homes (Elcona) (defendant). At an intersection, Slabach collided with a car traveling southbound. Four of the car’s occupants died, and one, Cindy Baker (plaintiff), was severely injured. Police sergeant John Hendrickson, a 28-year veteran with extensive experience investigating automobile accidents, arrived six minutes later. Slabach told Hendrickson that he had not seen the traffic light’s color due to sun glare. However, Slabach recalled seeing traffic moving through the intersection on his road but not on the car’s road. Hendrickson recorded Slabach’s statement in the accident report. Hendrickson also recorded his own determination that the car was at fault because it ran a red light. Baker and the estates of the four deceased occupants (plaintiffs) sued Slabach and Elcona. At trial, the key dispute was which vehicle had a green light. Baker could not remember the accident. Slabach repeated the same information he had given to Hendrickson. On cross-examination, Baker’s attorneys implied that Slabach had changed his account of events. Hendrickson testified about the accident scene but did not testify which vehicle he believed had the right-of-way. The court also admitted Hendrickson’s accident report into evidence over Baker’s objection. The jury found for Slabach and Elcona. Baker appealed, arguing that parts of the accident report, specifically Hendrick’s assignment of fault and Slabach’s statements, were inadmissible hearsay.