Bitton v. International Transport, Inc.

437 F.2d 817 Richard L. BITTON, as Administrator of the Estates of Charles L. Bitton, Sr., and Joyce Fae Bitton, his wife, both deceased, and as Guardian ad Litem for Joyce Darlene Bitton, Charles Lamar Bitton and Roger Lamar Bitton, minors, Appellant, v. INTERNATIONAL TRANSPORT, INC., and Gene W. Peters, R. D. Robinson and Robinson Trucking, Inc., Appellees. No. 25110. United States Court of Appeals, Ninth Circuit. December 24, 1970. Charles T. Schillberg (argued), Ken Earl, Moses Lake, Wash., for appellant. A. A. Lundin (argued), of Randall & Danskin, Spokane, Wash., for appellees. Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District Judge. * HAMLEY, Circuit Judge: 1 In this wrongful death diversity action arising in the Eastern District of Washington, the jury rendered a verdict for the named defendants and judgment was entered thereon. On this appeal plaintiff raises various questions of evidence and trial procedure which we will discuss seriatim. 2 The cause arose out of a traffic accident which occurred about 4:45 a. m. on May 19, 1968, on U. S. Highway 10 near Ritzville, in eastern Washington. At this point the highway runs in a generally east-west direction.…