Kil v. Commonwealth

This case arises from an automobile accident which occurred in the evening hours of March 3, 1988. The evidence at trial showed that Douglas Souther, accompanied by his brother and three friends, was driving his car along Westmoreland Street when one of the cars tires flattened. Souther pulled the car over to the side of the road, turned on his hazard lights and got out of the car. He proceeded to the back of the car to retrieve the spare tire from the trunk. The other occupants also got out of the car and walked to the back of the car, where they remained standing against the rear left side of the vehicle. Souther walked around the car to the passenger side and leaned in to obtain a flashlight. When he came back out of the vehicle, he saw his brother and friends being thrown down the street by a light colored van travelling at a high rate of speed. The van did not stop.