Alex Mcgairk v. State Indiana

The City of Indianapolis (City) appeals a judgment awarding Edward Robinson damages for personal injuries suffered in an automobile accident. Robinson had charged the City with negligence in the maintenance of a city street. During the jury trial, the City attempted to establish Robinson was contributorily negligent in traveling in excess of the speed limit at the time of the accident. The trial court, however, excluded expert testimony on this matter and the City argues such exclusion was contrary to law. Since we agree the trial court committed reversible error in refusing to allow the Citys expert witness to answer hypothetical questions regarding the speed of the Robinson vehicle, we reverse and remand for a new trial.