Thursday, December 5, 2013

Baker v. Elcona Homes Corp. case brief

Baker v. Elcona Homes Corp. case brief summary
588 F.2d 551 (1978)

Plaintiffs in a negligence lawsuit appealed a judgment from the United States District Court for the Northern District of Ohio entered in favor of defendants following a jury trial. Plaintiffs argued that the district court erred in admission of certain evidence and in denying plaintiffs' motion for directed verdict.

Plaintiffs, relatives of one injured survivor and five decedents in a car accident, sued defendant driver and driver's employer for negligence. After a jury trial, judgment was entered for defendants. Plaintiffs appealed, arguing error in admitting a police report and lack of citation given to defendant driver into evidence, denying plaintiffs' motion for directed verdict, and instructing the jury on plaintiffs' burden of proof.


  • The court upheld the judgment. 
  • The police report, while not admissible as a recorded recollection under Fed. R. Evid. 803(5)as determined by the trial court, was a public record admissible under Fed. R. Evid. 803(8), and admission of no citation was harmless error, because that fact was made apparent through testimony of officer. 
  • The denial of plaintiffs' motion for directed verdict was supported by evidence, and no error was made in the trial court's jury instructions.

The court affirmed the judgment of the district court.

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