Stuart v. Dotts

Plaintiff in a personal injury action appeals from a judgment after verdict by a jury in favor of defendant. The main point on appeal is whether certain testimony which defendant refers to as “opinion” evidence is admissible. Defendant claims that the admission of the evidence was not harmful and could have had no prejudicial effect upon the outcome of the case. The position of plaintiff is that the opinion of an expert cannot be based upon hearsay testimony, and that the evidence was prejudicial.

Defendant pictures the scene of the accident under conditions of darkness as follows: ‘1 Shattuek…