 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Barringer v. Mid Pines Development Group9/3/2002
PUBLISHED
J. Alan Barringer and Jennie S. Barringer ("plaintiffs") appeal from judgment entered on a jury verdict finding Mid Pines Development Group, L.L.C. ("defendant") negligent and J. Alan Barringer ("Mr. Barringer") contributorily negligent.
On 16 November 1995, Mr. Barringer attended a workshop for the North Carolina Board of Examiners for Electrical Contractors at the Mid Pines Inn and Golf Club in Southern Pines. Defendant owns and manages Mid Pines Inn and Golf Club.
After a morning meeting, the participants in the workshop met for lunch in the "Terrace Room." Mr. Barringer entered the Terrace Room and located where the members of his group were sitting. Mr. Barringer then went to the buffet table, made a sandwich and a salad, and then joined the others in his group at a table. After finishing his sandwich, Mr. Barringer returned to the buffet table for fruit. The buffet table ran parallel to a wall, approximately three feet from the wall. On this trip to the buffet table, Mr. Barringer picked up a bowl and went down the other side of the buffet table, the side nearest the wall. When Mr. Barringer finished selecting fruit from several displays, he turned and walked back along the same way, between the table and the wall. After he had taken a few steps, Mr. Barringer's right foot became entangled in an electrical cord. The electrical cord connected a crock pot on the buffet table to an outlet on the wall. The electrical cord was not taped down to the floor and was approximately two to three inches off the ground. Mr. Barringer stumbled and fell injuring his back. Plaintiffs' evidence details extensive treatment, including numerous surgeries, and continuing pain in Mr. Barringer's right leg and lower back.
The plaintiffs commenced this action on 4 November 1998 by complaint alleging a personal injury claim based on defendant's negligence and a loss of consortium claim. The matter was tried during the 10 July 2000 Civil Session of Wake County Superior Court. The jury returned a verdict finding defendant negligent and Mr. Barringer contributorily negligent. The judgment entered on 31 July 2000 provided that the plaintiffs should recover nothing from defendant; that the plaintiffs' complaint be dismissed with prejudice; and that the costs of the action be taxed against the plaintiffs. On 27 October 2000, the trial court denied plaintiffs' motion for a new trial and injunctive relief while granting in part defendant's motion for costs and expenses in the amount of $22,477.80. Plaintiffs appeal.
On appeal, plaintiffs contend that the trial court erred: (1) by refusing to give plaintiffs' requested jury instructions on diversion and contributory negligence; (2) by admitting the unexplained conclusions of a psychological test in contravention of State v. Hoyle, 49 N.C. App. 98, 270 S.E.2d 582 (1980), disc. review denied, 301 N.C. 724, 274 S.E.2d 233 (1981); (3) by refusing to allow plaintiff to cross examine Mid Pines' manager about untruthful answers given in interrogatory answers concerning insurance coverage; and (4) by taxing plaintiffs with an expert witness fee of $15,000.00 which included deposition and trial preparation time. After careful review, we reverse and remand.
Plaintiffs first contend that the trial court erred by refusing to give plaintiffs' requested jury instructions on diversion. Plaintiffs requested the following jury instruction on diverted attention:
"A plaintiff may be contributorially negligent if he fails to discover and avoid a defect that is visible and obvious. However, this rule is not applicable where there is some fact, condition or circumstance which would or might divert the attention
Page 1 2 3 4 5 6 7 8 9 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|