Ohio Valley Construction Co., Inc. v. Dew

KERN, Associate Judge:

This appeal arises out of a multi-vehicle accident occurring on a ramp leading to the Southwest Freeway on November 5, 1969, which has since then produced three separate trials, including one mistrial. Two issues are presented for our determination: (1) whether the judge who presided over the first trial acted properly in vacating, some 16 months later, the judgment rendered there and (2) whether the judge who presided over the third trial properly admitted into evidence during its course certain testimony by an expert witness on behalf of appellee concerning visibility,…