Archive for the ‘Jury Instructions’ Category

Out of Control? – Woman Injured by Display at Conference Wins Jury Verdict; Evidence Properly Excluded at Trial (MO)

September 1, 2015

Medley v. Joyce Meyer Ministries, Inc. (Missouri)

The plaintiff attended a conference that was hosted by the defendant, and she was injured when she tripped over a window display set up in a boutique vendor area at the conference.  Plaintiff filed an action against the defendant for premises liability, alleging (1) that she was an invitee of the defendant, (2) the defendant controlled (or had the right to control) the boutique area that included the display, (3) the defendant negligently placed the window display in a crowded and congested area, and (4) plaintiff suffered injuries and damages as a result of the defendant’s negligence.

During trial, the defendant attempted to introduce documentary evidence, including a license agreement, between the defendant and the St. Louis Convention and Visitors Commission (“CVC”) showing CVC’s involvement in the conference.  Plaintiff objected to the evidence  as irrelevant, and the trial court sustained the objections.  Defendant also sought to introduce witness testimony about CVC’s involvement in the conference and CVC’s relationship with the defendant.  However, the trial court held: “(1) there was no evidence to suggest that Defendant was not in possession of the premises where Plaintiff’s injury occurred; (2) the only relevant relationship in the case was the relationship between Plaintiff and Defendant; and (3) the evidence presented by Defendant in its offer of proof was not relevant.”  Thereafter, the defendant sought the introduction of a jury instruction that stated: “Your verdict must be for [D]efendant if you believe that [D]efendant was not in possession or control of the premises.” However, the trial court refused to submit the instruction.

Upon the conclusion of the trial, the jury entered a verdict in favor of the plaintiff, finding that plaintiff’s total damages were $400,000.  The verdict assessed defendant seventy percent at fault and plaintiff thirty percent at fault, thereby awarding plaintiff $280,000 in damages.  The court entered a judgment consistent with the verdict, and defendant filed a motion for a new trial.  The motion was denied, and the defendant appealed. (more…)

Wild Ride – Paraplegic Injured on Roller Coaster Loses Jury Verdict (CA)

July 2, 2015

Rogers v. Magic Mountain, LLC (California)

Plaintiff was involved in an accident in 1996, which caused him to suffer from paraplegia and related medical complications.  In 2010, he rode the X2 “4th Dimension” roller coaster at Six Flags Magic Mountain, an amusement park in Valencia, California.  While on the ride, plaintiff suffered a fracture to his right femur.  Plaintiff did not feel the injury as a result of his paraplegia.  A few days later, his right leg was amputated after blood clotting blocked the flow of blood to his leg.  Plaintiff sued the amusement park and the ride manufacturer, alleging premises liability, general negligence and products liability.

The amusement park filed a motion for summary judgment, which was denied by the trial court.  The case continued, and a ten day jury trial ensued.  After trial, the jury issued a special verdict, finding that the amusement park was negligent, but that its negligence was not a substantial factor in causing harm to the plaintiff.  As to the ride manufacturer, the jury found that (1) the ride did not have potential risks that were known at the time of their design, manufacture and sale that would support a failure to warn claim, and (2) the design of the ride was a substantial factor in causing harm to the plaintiff, but that the risks of the ride did not outweigh the benefits of the design.  Therefore, the jury found that neither defendant had legal responsibility for the harm caused to the plaintiff.

Plaintiff appealed the decision contending that the special verdict was defective and the evidence was insufficient to support the special verdict.  However, the Court of Appeal disagreed and affirmed the judgment in favor of the defendants.  The Court noted that the plaintiff had not objected to the special verdict or any of its stipulated changes.  Regardless, the Court did not find any inconsistency, ambiguity, or unresolved issue in the special verdict.  Plaintiff complained that the jury had improperly allocated 100% fault to the plaintiff without first finding that the plaintiff was negligent.  However, the Court explained that the specific allocation of fault to the plaintiff was merely an “irregularity,” and not an “inconsistency.”  The jury had already determined that neither defendant’s was responsible (the park’s negligence did not cause the harm and the risk of the manufacturer’s design did not outweigh its benefits).  As a result, the Court noted that “it [did] not matter whether plaintiff was negligent or not — he [could not] recover from defendants.”  According to the Court, “the issues of negligence and causation were properly presented to the jury in the special verdict form.”  The Court was also convinced that “there was ample evidence from which the jury could properly conclude that [manufacturer] was unaware of potential risks at the time the X2 vehicles were designed.”

Broken Record – Judgment in Favor of Scuba-Diving Instructor in Death Case Upheld (TX)

April 29, 2015

DeWolf v. Kohler (Texas)

In 2008, Terry Sean DeWolf died while scuba diving more than fifty miles off the coast of Massachusetts.  Initially, the medical examiner identified the cause of death as drowning, but later revised the conclusion to reflect that he died of natural causes (myocarditis).  Terry’ wife thereafter filed a lawsuit against numerous defendants, including (among others) the boat used for the dive, the individual who chartered the boat (Kohler), a television network which had carried a program on which Kohler had appeared, the dive-training company from which Kohler obtained credentials as a scuba-diving instructor, and the scuba-equipment manufacturer that manufactured the rebreather that Terry had used during the dive.  The wife alleged several claims, including violations of the Deceptive Trade Practices Consumer Protection Act, the federal Death on the High Seas Act, and other state law claims.

Numerous motions were filed in this complicated lawsuit, and the trial court addressed many issues relating to personal jurisdiction and statutes of limitation.  Ultimately, Kohler was the only remaining defendant and the case proceeded to trial.  Following a jury trial, the court entered judgment in favor of the defendant, and the wife appealed.  On appeal, the wife challenged instructions that were given to the jury.

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