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Biegas v. Quickway Carriers
United States Court of Appeals for the Sixth Circuit
573 F.3d 365 (2009)
Richard Biegas was driving a work truck and hauling a backhoe on a trailer when he hit an overpass with the backhoe. Nick Cohen was a passenger in the truck. Biegas parked the truck on the side of the road, and the two men each got out on their respective sides. A tractor-trailer hit Biegas, killing him. At the accident scene, Cohen told the tractor-trailer driver that Cohen had told Biegas to get out of the road because Biegas was going to get hit. Biegas’s estate (plaintiff) sued the tractor-trailer driver’s employer, Quickway Carriers, Inc. (Quickway) (defendant), alleging that the employer was responsible for Biegas’s death. The trial court admitted evidence of Cohen’s statement to the tractor-trailer driver that Cohen had told Biegas to get out of the road. The evidence was admitted to show that Biegas was on notice of the risk of being so close to the active travel lanes. The trial court then granted partial summary judgment to Quickway. The estate appealed. The estate argued, among other things, that the trial court should have excluded the evidence of Cohen’s out-of-court statement to the tractor-trailer driver.
Rule of Law
Holding and Reasoning (Moore, J.)
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