Hutchinson v. Penske Truck Leasing Co.

OPINION BY

BECK, J.:

¶ 1 In this products liability action, the issue we decide is whether expert reports, summarizing studies of hundreds of other accidents, are admissible as evidence of a defendant’s state of mind. We hold that, since the reports did not satisfy the “substantial similarity” test applicable to other accident evidence, they are not admissible. Because admission of the reports was reversible error, we remand for a new trial.

¶ 2 On March 1, 1999, Ryan Hutchinson was driving an eighteen-wheel tractor trailer when the trailer left the roadway, hit a guardrail and rolled down an…