 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wadkins v. Smallwood3/3/2000
ted smoke detector. For the reasons stated in Division 1, the trial court properly refused to permit evidence regarding the Smallwoods' failure to maintain a battery-operated smoke detector. Moreover, the trial court did charge the jury regarding the Smallwoods' duty to install a battery- operated smoke detector. The trial court properly refused to give the requested charge.
j. Wadkins' requests to charge number 29, 31 and 35 all contain principles of law applicable to standard premises liability cases, such as slip-and-fall cases. She makes no argument showing why these requests were warranted. Moreover, to the extent these principles might apply, the principles are more specifically covered by landlord and tenant law, and the trial court fully covered those principles in its charge regarding the duties of the landlord and tenant.
k. Wadkins' request to charge number 42 is a detailed charge on the computation of damages for the wrongful death of her son. Since the jury returned a verdict in favor of the Smallwoods, any alleged error in the charge on damages is harmless.
Judgment affirmed.
McMurray, P. J., and Phipps, J., concur.
ON MOTION FOR RECONSIDERATION.
Wadkins has raised several contentions on motion for reconsideration, one of which we find necessary to address. She argues that we overlooked the material fact that she brought an action on behalf of her deceased son for his personal injuries and that facts relating to the negligence of her or others are not imputable to the child. Wadkins' allegation is a correct statement of the law which we did not overlook. The trial court properly denied Wadkins' motion for a directed verdict of liability in her son's personal injury case based on evidence in the case suggesting that even if the smoke detectors had been installed and working, they would not have prevented Wadkins' son's injuries.
As we stated in Division 3 of the Opinion, regardless of the existence of a functioning smoke detector, the evidence does not prove that the absence of such a warning device was the proximate cause of the tragedy in this case, including Wadkins' son's injuries and ultimate death. One of the adults in the apartment stated that he saw the fire but neither saw nor smelled smoke. The fire investigator testified that it was possible that even a functioning smoke detector would not have activated since some fires involve flame and very little smoke. Evidence that the alleged failure of the hard-wired smoke detector and the absence of the battery-operated smoke detector did not contribute to her son's injuries was sufficient to send the case to a jury on the issue of the Smallwoods' liability.
Decided March 3, 2000.
Action for damages. Muscogee Superior Court. Before Judge Followill.
Page 1 2 3 4 5 6 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|