A-19-156, Bailey (Appellant) v. M.B.C Construction Co.
A-19-157, Sharp (Appellant) v. M.B.C. Construction Co.
Douglas County, District Court Judge James Gleason
Attorney for Appellant: Kathleen Person, Greg Abboud
Attorney for Appellee: David M. Woodke, Earl G. Greene, III
Civil Action: Negligence
Action Taken by Trial Court: Bailey and Sharp filed a negligence lawsuit against M.B.C. Construction alleging negligent maintenance of the construction site was the proximate cause of their injuries and damages. The case was tried to a jury, which returned a verdict for M.B.C. Construction. Bailey and Sharp filed motions for new trial, but the district court denied the motions.
Assignments of Error on Appeal: On appeal, Bailey and Sharp contend that the district court erred in: (1) denying their motions for a new trial without accepting the proposed exhibits and reviewing the evidence to determine the merits of the motions and based on altered trial testimony of the defendant's representative; (2) striking the OSHA-related testimony of their expert witness; (3) refusing to instruct the jury that a violation of OSHA can be used as evidence of negligence; (4) introducing a new concept when giving jury instructions that were not supported by the evidence and were prejudicial to their case; and (5) in giving a jury instruction on assumption of the risk without specifically identifying the risk allegedly assumed.