Wester v. Bruggink

In this automobile accident case, the primary issue regarding liability was which party, Dawn C. Bruggink or Dean P. Wester, crossed the center line causing a head-on collision. The investigating police officer gave his opinion that the point of impact was in the Bruggink lane. The main issue on appeal is whether the officer's opinion testimony about point of impact was properly admitted either as lay or expert opinion testimony. We hold that the officer's testimony was not proper lay opinion because it was not based on perception. However, we also hold that the officer was qualified to give…