Torts, Minors, Spoliation of Evidence: HAYS V. ALIA (COA 10/19/2007)

HAYS V. ALIA
TORTS:  INSTRUCTIONS; DUTY OF MINOR; SPOLIATION OF EVIDENCE

2006-CA-001871
PUBLISHED: AFFIRMING
PANEL:  STUMBO PRESIDING; NICKELL, HENRY CONCUR
COUNTY: JEFFERSON
DATE RENDERED: 10/19/2007

CA affirms jury verdict for defense in this trampoline injury case.

Seven-year-old Katie visited her grandparents in Louisville. She left their home to walk down the street to meet a neighbor. En route and unsupervised by anyone, Katie met an unknown neighbor girl and began jumping with her on her family’s trampoline. Katie suffered a significant leg break requiring surgeries and resulting in differing leg lengths.

CA upholds denial of directed verdict for plaintiff on liability because there was sufficient evidence on the issue, including Katie’s grandparents’ supervision, to present a question for the jury. Denial of directed verdict for plaintiff on her contributory fault is moot because the jury found in her favor on this question. Finally, the denial of a jury instruction on spoliation of evidence (destruction of the trampoline) was not improper as the destruction was considered a subsequent remedial measure.

Digested by John Hamlet
Sitlinger, McGlincy, Theiler & Karem

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