Gorby v. Schneider Tank Lines, Inc.

741 F.2d 1015 (7th Cir. 1984)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
G
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Gorby v. Schneider Tank Lines, Inc.

United States Court of Appeals for the Seventh Circuit
741 F.2d 1015 (7th Cir. 1984)

SC

Facts

Dennis Gorby was driving on a road when his pickup truck was hit by a semi-tanker truck driven by David Welsch and owned by Schneider Tank Lines, Inc. (Schneider) (defendant). Dennis was severely injured. Edith Gorby (plaintiff), Dennis’s wife, brought suit against Schneider. At trial, Edith called Carl Highlan as a witness. Highlan had been traveling in the opposite direction on the road and had seen the accident. There was no evidence that Highlan had ever driven a semi-tanker or pickup truck. There was also no evidence that Highlan was familiar with either type of vehicle’s safety features or acceleration and stopping times. On cross-examination, Schneider asked for Highlan’s opinion on two issues: (1) whether Welsch did everything he could to avoid the accident, and (2) whether Dennis could have avoided the accident. The district court excluded Schneider’s questions and Highlan’s responses. The jury found in favor of Edith. Schneider appealed.

Rule of Law

Issue

Holding and Reasoning (Pell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 789,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 789,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 789,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Evidence

Key Terms