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Sloan v. Miller Building Corp.12/2/1997
ause of plaintiff's fall, but, at most, a Concurring cause. In addition, the burden was upon defendant to prove that its own negligence was insulated by the negligent act of another. There was no evidence that any subcontractor actually removed a brace from the scaffolding upon which plaintiff sat or that such a brace was removed at all, only speculation that it could have happened. That is not sufficient evidence of negligence to require an instruction on insulating negligence. Petty v. City of Charlotte, 85 N.C. App. 391, 355 S.E.2d 210 (1987).
VI.
Finally, we have carefully considered defendant's assignments of error relating to the admission of a videotape of the building where the plaintiff fell (Assignment of Error No. 2), and the denial of defendant's motion for a new trial (Assignment of Error No. 9). Each of these rulings to which defendant assigns error was addressed to the sound discretion of the trial court and may be disturbed on appeal only where an abuse of such discretion is clearly shown. Campbell v. Pitt County Memorial Hosp. Inc., 84 N.C. App. 314, 352 S.E.2d 902, affirmed, 321 N.C. 260, 362 S.E.2d 273 (1987) (admissibility of videotape within sound discretion of trial court; discretionary order denying G.S. ยง 1A-1, Rule 59 motion for a new trial may be reversed only for manifest abuse of discretion). See Anderson v. Hollifield, 345 N.C. 480, 480 S.E.2d 661 (1997) (appellate review of trial court's discretionary ruling granting or denying motion for new trial is limited to determination of whether record affirmatively shows abuse of discretion). Defendant has shown neither prejudice from the admission of the videotape nor any abuse of the trial court's discretion in either ruling.
No error.
Judges EAGLES and TIMMONS-GOODSON concur.
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