Lewis v. Kennison

ALLBEE, Justice.

This appeal involves the propriety of the admission of evidence of an advance payment on the theory that the payment was an admission of liability. The action arises from these events. On April 8, 1975, plaintiff, James E. Lewis, was driving his van on Southeast 18th Street in Des Moines. He stopped at an occupied railway crossing behind a semitrailer owned by defendant CRST and operated by its employee, defendant John W. Kennison. After plaintiff stopped, Kennison, without giving any warning, backed the semitrailer into plaintiff’s van, causing damage to the van and injuring…