Gorby v. Schneider Tank Lines, Inc.
United States Court of Appeals for the Seventh Circuit
741 F.2d 1015 (7th Cir. 1984)
Dennis Gorby's truck was struck by Schneider's (defendant) semi-tanker driven by Welsch; Edith Gorby (plaintiff) sued Schneider, and at trial an opposing-direction eyewitness, Highlan, who had never driven either type of vehicle and knew nothing about their safety features or stopping capabilities, was asked on cross-examination for his opinion on whether Welsch did everything possible to avoid the accident and whether Dennis could have avoided it; the district court excluded these questions and answers, and the jury found for Edith.
Whether, to be admissible under Federal Rule of Evidence 701, lay-witness opinion testimony must be based on the witness's firsthand knowledge or observation.