Thomas v. Owens

This case presents issues concerning the propriety of admitting certain documentary and testimonial evidence, and the failure of the trial court to issue a “missing witness rule” instruction.

On the afternoon of April 6, 1971, Norris H. Owens, the plaintiff-appellee, was driving north on U. S. Route 301 in Prince George’s County, Maryland. After the car in front of him stopped for a school bus which was discharging passengers in one of the southbound lanes, Owens brought his car to a halt. A few moments later he was struck in the rear by a vehicle owned and operated by the defendant-appellant,…