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Evidence Keyed to Best
Biegas v. Quickway Carriers, Inc.
Citation:
573 F.3d 365 (6th Cir. 2009).Facts
Richard Biegas was driving a dump truck attached to a backhoe trailer, which he attempted to drive underneath an overpass too short for clearance. Cohen, who was riding in the passenger seat, exited the vehicle with Biegas on the side of the road to assess the situation. While walking to the back of the vehicle from their respective sides, Cohen testified he saw Biegas fall to the ground, then found his dead body near the rear of the vehicle, apparently struck by an oncoming tractor-trailer.
The district court admitted Cohen’s statements to Lonnie Dailey (tractor-trailer driver) that he had previously warned Biegas to “get out of the road, he was going to get hit.”
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