Alger v. Simmerman

By JUDGE HENRY H. WHITING

This case involves a demurrer and a number of preliminary issues which will be disposed of in this letter.

Is evidence of flight admissible as evidence from which the jury can infer negligence?

Such evidence is admissible to support a permissive inference. See opinion letter of The Honorable Robert K. Woltz dated June 23, 1981. The Court does not believe that opinion is limited to the issue of whether the defendant was operating the car but also encompassed the consideration of flight as evidence of liability for negligence on the part of the defendant.

Is admission of a…