 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
[W] Crane Co. v. Kitzinger1/30/2003
s, safety features or anything else, that that's how y'all would service this hoistway?
By the Witness: That's correct.
By the Court: Do you know whether the ABS Guide applies to an elevator, to this elevator?
By the Witness: I know the ABS Guide does not apply to this elevator because the elevator was not a classed system on the rig.
By the Court: And what's the basis for that opinion that you have?
By the Witness: The basis for that opinion is based on what I saw go on in the certification process of the elevator. The ABS surveyor on the rig, which we had one full time, did not certify or issue any class paperwork on the elevator.
By the Court: So, based on your observation of that process that's your conclusion?
By the Witness: That is my conclusion.
By the Court: I don't see that either. I don't see him to be an expert. I don't see these to be fact questions to the extent that you are going to inquire into them based upon your earlier questions. I don't see a designation as an expert. I will sustain the objection. (emphasis added).
The trial court, also, instructed the jury to disregard any questions or responses of Mendoza "with respect to the application or non-application of the ABS Guidelines for Shipboard Elevators with respect to compliance or non-compliance of the elevator system here at issue." Mendoza was determined to not be an expert nor designated as an expert and the questions were not fact questions.
Crane's argument concerning personal knowledge is without merit. Based on the trial judge's examination of the witness, we cannot say that the judge abused his discretion by excluding the testimony of Mendoza. Accordingly, this issue is without merit.
CONCLUSION
. For the foregoing reasons, the trial court did not abuse his discretion by excluding the testimony of Mendoza. The trial court did abuse its discretion and erroneously excluded the handbook, manual and accompanying testimony, thus, severely prejudicing Crane. This case is reversed and remanded for a new trial not inconsistent with this opinion.
. REVERSED AND REMANDED.
PITTMAN, C.J., SMITH, P.J., WALLER, COBB, DIAZ, CARLSON AND GRAVES, JJ., CONCUR. McRAE, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION.
|