(Download) "Beverly v. Warden Mr. Charlie Jones and Attorney General of The" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Beverly v. Warden Mr. Charlie Jones and Attorney General of The
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 02, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Defendant, Otis Elevator Company, appeals a jury verdict entered for plaintiff, Carrie Jones, in a diversity suit brought in the United States District Court for the Northern District of Georgia. In this personal injury suit, the plaintiff alleged Otis negligent maintenance of an elevator resulted in the elevators malfunction which proximately caused plaintiffs back injuries. On appeal, Otis assigns a long list of reversible error to several of the district courts jury charges and evidentiary rulings. Principally, Otis argues it was error to instruct the jury on the missing witness inference and negligence per se, and to admit the testimony of the plaintiffs expert. We find no error in the trial courts admission of the expert testimony nor with the courts charge on the missing witness inference. Further, although the trial judge may have erred by instructing the jury on negligence per se, due to the specific circumstances of this case, we find this error harmless. Therefore, we affirm.