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This is the second in a series of articles on the Dead Man's Act." The purpose of the statute is to prevent injustice, from the survivor, the one party to a transaction to give testimony favorable to himself and to the negative testator, who are the representatives of the deceased would be unable to refute because of the death of the testator. "Weschler v. Carroll, 578 A.2d 13, 15 (Pa. Super. 1990). Since David Edwards is unable to provide witnesses to the events shortly before his execution by the defendants' tractor-trailer, a great injustice is if the defendant, Nicolas Pinger is entitled to witness a negative effect on David Edwards. Defendant also must not be allowed to expert testimony about the collision between the defendant and the deceased's truck based on the information provided by the defendant, Nicolas Pinger. Such testimony would be inadmissible on the basis of information from the statement of the "Dead Man's Act."

Defendant should be excluded, to offer testimony of an experiment on the collision between defendants' truck and the decedent from defendant, Nicolas Pinger, because this testimony is barred by the "Dead Man's Act." Even in the context of "Dead Man's Act", should be reviewed by the defendant during the trial with an expert witness on the collision between defendants' truck and the decedent based on information provided by defendant, Nicolas Pinger.

Although the law is most commonly in real estate cases, it is also for that testimony about the circumstances of an accident with a decedent. See Lyons v. Bodek's Estate, 142 A.2d 199 (Pa. 1958); Weschler, supra. Defendants in personal injury cases commonly assert that the protection of the law to defend claims against a decedent. If a negligent motorist can escape liability for injury, surely the law is available to the estate of a deceased in the search under the wrongful death and survival actions.

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