Hilbert v. Roth

Opinion by

Mr. Justice McBride,

Plaintiff, Richard P. Hilbert, was injured when his automobile was struck by another ear driven by Dale Rutz, who died as a result of the accident. At the time of the accident Rutz was unlawfully racing with the defendant Frederick Roth. Plaintiff sued the Rutz Estate for compensatory damages and Roth for both compensatory and punitive damages. The two cases were consolidated for trial. During the joint trial the trial judge felt that the awkwardness of the application of the dead man’s rule only to the Rutz case required withdrawal of a juror as to Roth. The…