Rowles v. Woronwitch

The issue involved in this appeal is whether it is reversible error to admit opinion testimony bearing upon one of the material issues in the case from a lay witness.1 One of the primary questions the jury was called upon to decide was whether appellee had the opportunity to avoid a collision with appellant after appellant had turned his automobile in front of appellee’s motorcycle. The eye witness in question gratuitously stated that there was not enough room for appellee to do anything to miss appellant. No objection was offered to this statement. Shortly thereafter the witness stated, “But…