United States Eighth Circuit

In a suit brought by Greyhound against defendants arising from an accident in which defendant's truck rear-ended a bus traveling below the posted speed limit, a judgment finding defendants 85 percent at fault is affirmed where the district court: 1) did not err in finding plaintiff had not engaged in spoilation of evidence, and consequently did not abuse its discretion in refusing to impose sanctions; 2) did not abuse its discretion in finding injured driver was mentally competent to testify about it or in deciding factual issues based on driver's testimony; and 3) did not clearly err in apportioning fault.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• BENTON, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jay L. Welch (argued), Omaha, NE (Thomas M. Locher, Thomas M. Braddy, Ralph A. Froehlich, on the brief), for appellant.


• For Appellees:
  
• Daniel P. Chesire (argued), Omaha, NE (Raymond E. Walden, on the brief), for appellee.