Gabus v. Harvey

SIMMS, Vice Chief Justice:

The question presented in this appeal is whether the opinion of an investigating officer, relating the cause of an automobile-pedestrian accident, is admissible under the Oklahoma Evidence Code, 12 O.S.1981, § 2101, et seq.

Appellant, Louise Gabus, was the plaintiff below. She brings this appeal from the trial court’s refusal to grant a mistrial after the investigating officer of an automobile-pedestrian accident was permitted to state his opinion that the accident was caused by appellant’s failure to yield the right of way.

At approximately 6:40 a.m. on October 2,…