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Scott v. Yates

643 N.E.2d 105, 71 Ohio St. 3d 219 (1994)

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Scott v. Yates

Ohio Supreme Court
643 N.E.2d 105, 71 Ohio St. 3d 219 (1994)

JC

Facts

Phyllis Scott (plaintiff) and Rebecca Yates (defendant) were in a head-on auto accident in which each argued that the other crossed the center line and caused the accident. Yates called the police officer who investigated the accident, Alan Hawkins, to testify. The trial court allowed Hawkins to testify as an expert and give his opinion on who caused the accident. Hawkins testified that Scott caused the accident, and the jury found for Yates. Scott then appealed, and the appellate court affirmed. Scott then appealed to the Ohio Supreme Court. Hawkins had investigated auto accidents as a police officer for 12 years at the time of the subject wreck. Hawkins had a 12th-grade education and spent two weeks learning about accident investigation during police academy. Hawkins was clear that he was not an accident reconstructionist, had not worked with a reconstructionist, and had never conducted any accident reconstructions. That said, Hawkins had investigated at least 115 accidents per year in his current position. Hawkins also admitted to being unfamiliar with the theory of conservation of momentum, the formula for calculating the speed of vehicles, or the effect of speed on the postimpact course of vehicles.

Rule of Law

Issue

Holding and Reasoning (Sweeney, J)

Dissent (Wright, J.)

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