We do not believe that any error was made; and if there was any confusion, it was created by the adoption of plaintiffs' suggestions. No new trial will be granted on this alleged error.
The plaintiffs next argue that the jury's responses to the special interrogatories were inconsistent. There is at least one possible, consistent, proper series of conclusions which the jury could have reached in answering the interrogatories as they did. For example, the jury might have concluded that Chrysler negligently failed to adequately test the car, but the car was perfectly safe. Therefore, there would be no liability because the negligence caused no damages. This point merits no further discussion.
The next alleged error upon which the plaintiffs base their motion is the admission of the testimony of Donald J. Barton and Jon S. McKibben. Donald J. Barton is a civil engineer and was permitted to testify, over objection, that he had conducted a survey of the accident scene and prepared a map depicting the area. Plaintiffs argue that the testimony should have been excluded because he was an expert giving an expert opinion, but he was not listed as such in the final pretrial order. The testimony of this witness, however, was admitted as factual testimony. He merely described what he saw when he visited and observed the accident scene. He was permitted to use a drawing he had made to show the scene and the measurements which he had made of it. The drawing was not admitted into evidence. The most important information given in his testimony was the curvature in the road, both horizontal and vertical. Under the facts and circumstances of this case, Mr. Barton's testimony was properly characterized as fact testimony. He gave no opinion evidence, but merely reported the measurements he had made.
The plaintiffs argue that it was error to permit Jon S. McKibben to testify. This alleged error is based in part on the fact that Donald J. Barton testified because Jon McKibben made use of some of the information adduced from Mr. Barton in his testimony. To that extent, this argument has already been answered. Plaintiffs further argue that defendants were extremely late in identifying Mr. McKibben and thus in responding to their interrogatories. Furthermore, plaintiffs state that Chrysler's lateness in giving information concerning Mr. McKibben was in violation of the orders of this Court. Although plaintiffs' statements are correct, it is important to put these matters in proper perspective. In preparing for this case, the parties engaged in extensive and highly contested discovery. Regarding the failure to give proper information promptly, Chrysler was guilty of a number of violations, but so were the plaintiffs. See our Memorandum and Order dated February 8, 1973. We decided that the best way to bring this matter to trial fairly was to permit depositions of the experts. Plaintiffs were given the opportunity to depose Mr. McKibben during the trial and did so. They now claim that such discovery was not adequate under the circumstances of this case, but they do not explain how it was prejudicial. We find no prejudice.
Plaintiffs' final contention of error that the defendant should not have been permitted to cross-examine one witness on his view of the correctness of the testimony of another witness. This problem arose during the cross-examination of plaintiffs' expert, Arthur Nelson Sanborn, III. In this cross-examination, the defense attorney attempted to sort out which parts of other witness's testimony he was accepting as the factual basis for his expert opinion and which parts he was rejecting. This method of cross-examination is perfectly proper and the subject matter sought is perfectly proper. We find no error here.
Accordingly, plaintiffs' motion for a new trial is denied. Thus, there is no need to consider the motion of Chrysler for a new trial against third-party defendant James R. Lane. We shall consider that matter only if in the future it becomes necessary.
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