Hood v. Leighty

Plaintiff, as executor of decedent's estate, filed negligence action for damages resulting from rollover motor vehicle accident in which Defendant's decedent rear-ended Plaintiff's decedent's pickup truck. Defendant failed to carry his burden to establish lack of evidence to support Plaintiff's cause of action. Considering the pleadings, depositions of officers, admissions by Defendant's decedent, excited utterances, and expert testimony, material issues of genuine fact are in dispute, and reasonable minds may differ on the inferences from the evidence. Court erred in granting summary judgment for Defendant. Credibility of witnesses and weight to be given to evidence are matters to be decided by finder of fact. Dead Man's Act does not disqualify police officers from testifying about their conversations with Defendant's decedent and Plaintiff's decedent, provided such statements are otherwise admissible, as officers are nonparty witnesses who have no direct interest in the litigation. Plaintiff's Decedent's statements to officers at accident scene contain relevant admissions, which are not barred by the Act. Plaintiff's decedent's statement made at accident scene shortly after the accident, which was a sufficiently startling event, qualify as excited utterances. (BARBERIS and WHARTON, concurring.)