Supreme Court of Vermont
Jill Bazzano v. Killington Country Village, Inc.
May 14, 2003175 Vt. 534
Summary
The Supreme Court of Vermont affirmed a judgment for the defendant in a premises-liability action arising from the plaintiff's shoulder injury on restaurant stairs. The court held that testimony about the absence of prior accidents and a physician's report were properly admitted, the jury instructions adequately stated the applicable law, and the plaintiff failed to preserve her challenge to the safety-statute instruction. The court also reaffirmed that a safety-statute violation establishes prima facie negligence rather than negligence per se.
Holding
- Admission of testimony concerning the absence of prior accidents. The trial court did not abuse its discretion by admitting testimony from the former owner and longtime employees that they knew of no prior accidents on the stairs. Such testimony may be admitted when the conditions are substantially similar and the evidence is relevant to the absence of the alleged defect or dangerous condition.
- Admission of the physician's report. The trial court properly admitted the physician's report concerning the plaintiff's prior knee pain and difficulty climbing and descending stairs.
- Instructions concerning the plaintiff's burden of proof. The jury instructions did not improperly overemphasize the plaintiff's burden of proof.
- Response to the jury's comparative-negligence question. The trial court did not err by responding to the jury's question through a colloquy rather than rereading the comparative-negligence instruction.
- Safety-statute violation, negligence per se, and preservation of the instructional challenge. The plaintiff was not entitled to a directed verdict or an instruction that the alleged safety-statute violation established negligence per se, and her challenge to the safety-statute instruction was not preserved for appellate review.
Docket 02-234
Cited authorities
- Rule 51(b)