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Sterling Casino Lines6/3/2005
Sterling Casino Lines appeals from a final judgment in favor of Leslie Plowman-Render in a personal injury action. Plowman-Render sued Sterling claiming she suffered a shoulder injury on a Sterling gambling cruise when a waitress bumped into her. We conclude the trial court abused its discretion in admitting irrelevant evidence which impugned the character of one of Sterling's chief witnesses, the emergency medical technician who treated Plowman-Render. Accordingly, we reverse and remand for a new trial.
On July 26, 2000, Leslie Plowman-Render was on a one-day gambling cruise on a Sterling cruise vessel. According to Plowman-Render, a waitress carrying a tray of hot coffee collided with her and caused her to be knocked into a wall. The collision resulted in an injury to her shoulder. Sterling claimed that another passenger, and not a crew member, had bumped into Plowman-Render.
At trial, Plowman-Render testified she was on the cruise ship with two friends and her boyfriend's mother, Clara Dean. Plowman-Render and Dean walked out of the restroom into an alcove and turned into the hallway. A waitress came toward Plowman-Render and hit her with a tray of coffee. Plowman-Render went down on one knee and was burned by the hot coffee.
Sterling's emergency medical technician Dan Gardner was called to the scene. Gardner took Plowman-Render and Dean to a security office where he treated Plowman-Render with a first aid spray. Plowman-Render told Gardner that a waitress (later identified by Plowman-Render as Syreesa Jones) had run into her with coffee.
According to Plowman-Render, Jones was with them in the office but left to get her a shirt from the ship's gift shop because hers was stained. Jones returned in a few minutes with a T-shirt in a little gift bag. The shirt was too small so Plowman-Render exchanged it for a larger one at the gift shop. Plowman-Render asked whether the waitress had purchased the shirt with her own money and the cashier said she had.
Plowman-Render returned home and her burns healed in a few days. However, two or three days later, she had a stiff neck and a sore shoulder. She went to see her primary care physician, Dr. Marsicano, and told him that she had gotten bumped. However, Dr. Marsicano's medical records indicate the injury occurred when Plowman-Render struck her shoulder on a door a month later, in August 2000.
Plowman-Render admitted she stated in her deposition that the waitress was carrying a round tray. At trial, she testified she was not saying the tray was round, it could have been oval. Sterling's food and beverage manager testified the ship uses rectangular, not round, trays.
Plowman-Render also admitted she asked the gift shop cashier if Jones had used her employee discount, but was not sure if the cashier answered yes or no. In her deposition, Plowman-Render stated the cashier told her Jones had used her employee discount. Sterling's accounting manager testified the gift shop records from the day of the incident showed three T-shirts were sold that day. However, the records did not show that any employee discounts had been used that day.
Jones testified on Sterling's behalf that she was working on that day but denied she had bumped into Plowman-Render. Sterling introduced the videotape from the security office which shows Gardner, Plowman-Render and Dean in the office. The tape does not show Jones in the office.
Sterling also admitted the deposition testimony of Gardner, the emergency medical technician who treated Plowman-Render. Gardner's employment had been terminated by Sterling for reasons unrelated to this case. Sterling's counsel located Gardner in Las V
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