Date: 07-28-1999

Case Style: Nancy Robin Greenwell v. David L. Boatwright; Patricia Callis; KLLM, Inc.

Case Number: 98-5721

Judge: Charles R. Simpson, III

Court: United States District Court, Western District of Kentucky

Plaintiff's Attorney: Brian D. Sullivan and James J. Turek of Reminger & Reminger, Cleveland, Ohio for Plaintiff's insurance company, State Auto Insurance Company.

Defendant's Attorney: J. Denis Ogburn of Crafton, Martin, Ogburn & Zipperle, Louisville, Kentucky, for Defendant KLLM, Inc., and Armer H. Mahan, Jr. of Lynch, Cox, Gilman & Mahan, Louisville, Kentucky, for Defendants Boatwright and Callis

Description: Semi-tractor/Pickup truck Accident - Expert Witness - Wrongful Death - Personal Injury - The acccident occurred on July 27, 1994 while Plaintiff and Defendant, a semi-truck driver, were travelling in same direction on an interstate highway. Plaintiff's husband was killed. Plaintiff sued the defendant truck driver (Boatwright), the driver's agent/employer (KLLM, Inc.), and the truck owner (Callis) for wrongful death and personal injuries. Plaintiff's offered eyewitness testimony that the semi-tractor spun counterclockwise during the accident. Defendant KLLM, Inc. offered an accident reconstruction expert who's theory of the accident, based solely on the physical evidence at the scene, contradicted the eyewitness testimony and concluded the semi-tractor spun clockwise during the accident. Plaintiff challenged the expert's conclusions based, not on a challenge to the physical evidence at the accident scene, but on the expert's rejection of the eyewitness' description of the accident.

Outcome: Judgment for Defendants

Plaintiff's Experts: Unknown

Defendant's Experts: Kenneth Razak - Accident reconstruction expert for KLLM, Inc.

Comments: Affirmed by the United States Circuit Court of Appeals, 6th Circuit. See: 184 F.3d 492(6th Cir. 1999). Note: the above date reflects the appellate court decision, not the original trial date. Reported by SLB.