Lininger v. KROMER

Opinion by

Hoffman, J.,

Appellant, Tony Kobylarczyk, contends that the trial court erred (1) in holding that his out-of-court statement made two hours after an automobile accident was not within the res gestae exception to the hearsay rule and, therefore, was not admissible, and (2) in directing the plaintiffs either to file a remittitur or to undergo a second trial limited to the issue of damages, instead of awarding a general new trial.

The factual history of the case is not complicated. On November 6, 1968, at approximately 5:00 p.m., appellant’s pick-up truck was involved in an accident with…