Wednesday, August 6, 2014

Lay Witness Testimony on Speed Need Not Be Precise

In the case of Melgar v. Weinstein, No. 3:12-cv-1916 (M.D. Pa. May 23, 2014 Caputo, J.), Federal Middle District Judge A. Richard Caputo denied summary judgment in an automobile accident negligence matter based upon disputed testimony regarding the speed of the vehicle involved in the accident.  
 
This case is notable for the acknowledgement by the court that lay witnesses may testify regarding vehicle speed generally and without the need for precise accuracy in stating the speed witnessed.  More specifically, in this matter, there is deposition testimony that the speed limit was 45 mph and there were witnesses that stated that the vehicles involved were moving at approximately 50-60 mph at the time of the accident in a tunnel.  

Anyone wishing to review this Opinion may click this LINK.

 

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