R.t. Vanderbilt Company Inc., Defendant Below-Appellant, Cross-Appellee v. Darcel Galliher

Summary

The court reversed a wrongful-death judgment and remanded for a new trial because the trial court failed to instruct the jury on the employer's applicable duty of care and improperly denied a new-trial motion after admitting highly prejudicial hearsay and character evidence. The omitted instruction deprived the jury of a correct statement of governing law, while the evidence accusing the defendant of lying and bribing public officials was sufficiently prejudicial that the curative instruction was inadequate. The court did not reach the cross-appeal concerning post-judgment interest.