Brooks

Plaintiff Steven Brooks appeals from a judgment entered on a jury verdict against him in his action for personal injury damages and in favor of defendants American Broadcasting Company (ABC) and Norman Honath. He raises issues related to (1) the admission into evidence of a visibility study created by a defense expert, (2) a jury instruction on causation and (3) the court’s award of $16,395.03 as defendants’ reasonable expenses of proving a disputed fact which Brooks denied in response to a request for admission. Defendants cross-appeal from the judgment and raise error regarding orders of the court taxing their costs and denying, in part, their motion to have plaintiff pay expenses incurred in proving another fact which plaintiff refused to admit during discovery. We conclude that none of the contentions raised by the parties have merit and affirm.

I. The Accident

Brooks’s action arose out of injuries he suffered in a motor vehicle accident involving a truck/semitrailer rig he was driving. Defendant Honath was the driver of a bus which went past Brooks’s rig at the time of the accident. Honath was employed by ABC and he was acting within the course and scope of his…