Yellott v. Underwriters Insurance Co.

M. Jayne Yellott (plaintiff) was injured when her car collided with a Sabine Pools, Inc. pickup truck driven by David Bunch. Yellott sued Sabine Pools and its insurer, Underwriters Insurance Company (defendants). At trial, Yellott testified that she was traveling in the right lane of a highway and decided to pass Bunch’s truck. Yellott said that when she was in the left lane to pass, Bunch suddenly began making a left turn and collided with Yellott’s car. Bunch testified that he had turned lawfully but that Yellott was traveling at approximately 90 miles per hour and had not noticed Bunch’s turn signal. Bunch and his passenger, Michael LeLeux, both testified that they measured skid marks on the highway after the collision. Although there were many skid marks, LeLeux and Bunch claimed that a set of skid marks traveling from the right lane into the left lane were the marks made by Yellott’s car. Sabine Pools argued based on this testimony that Yellott had not moved into the left lane until Bunch had already started turning. Trooper Ronald Mann, who investigated the accident, also testified that he had examined the skid marks. Mann stated that the skid marks from Yellott’s vehicle were entirely in the left lane, which was consistent with Yellott’s version of events. Mann also testified based on the skid marks that Yellott was traveling at 70 miles per hour, rather than 90 miles per hour. Mann said that he issued a citation to Bunch at the scene based on what he believed the skid marks showed about the vehicles’ locations just before the accident. The jury found both drivers equally at fault, and both sides appealed. Yellott claimed that the trial court erred in admitting Bunch and LeLeux’s lay opinion testimony about the skid marks, and Sabine Pools argued that the trial court erred in admitting Mann’s lay opinion testimony that Bunch was at fault for the accident.