Crane Co. v. Kitzinger


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Docket Number: 2001-CA-00909-SCT
Linked Case(s): 2001-CA-00909-SCT ; 2001-CA-00909-SCT ; 2001-CA-00909-SCT ; 2001-CA-00909-SCT

Supreme Court: Opinion Link
Opinion Date: 11-20-2003
Opinion Author: Easley, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Wrongful death - Exclusion of policy manual - Expert testimony
Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ.
Non Participating Judge(s): Diaz, J.
Concurs in Result Only: Graves, J.
Procedural History: Jury Trial
Nature of the Case: CIVIL - WRONGFUL DEATH

Trial Court: Date of Trial Judgment: 02-21-2001
Appealed from: Jackson County Circuit Court
Judge: Dale Harkey
Disposition: The jury returned a verdict of 2.5 million in compensatory damages and 15 million dollars in punitive damages.
Case Number: 99-0166(3)

  Party Name: Attorney Name:  
Appellant: Crane Co. d/b/a Crane Defense Systems




J. COLLINS WOHNER, JR. WILLIAM F. GOODMAN, JR. MARK D. JICKA MARK A. DOMBROFF MARK E. McKINNON SUZANNE N. SAUNDERS



 

Appellee: Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased VINCENT J. CASTIGLIOLA JOHN A. BANAHAN  

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Topic: Wrongful death - Exclusion of policy manual - Expert testimony

Summary of the Facts: The motion for rehearing is denied, and this opinion is substituted for the original opinion. After Robert Kitzinger fell down a drill rig elevator hoistway to his death, Lynda Kitzinger filed a wrongful death suit against Noble Drilling Corporation, Noble (US) Inc., Friede Goldman Offshore, Inc., and Crane Unidynamics/St. Louis, Inc. Prior to trial, Kitzinger settled with Noble Drilling Corporation, Noble (US) Inc. and Friede Goldman Offshore, Inc. Kitzinger also amended the complaint to name Crane Co. as a defendant. The jury returned a verdict of 2.5 million in compensatory damages and apportioned liability as follows: 15% to Noble, 35% to Bob and 50% to Crane. The issue of punitive damages was submitted to the jury, and a verdict was returned against Crane in the amount of 15 million dollars in punitive damages. Crane appeals.

Summary of Opinion Analysis: Issue 1: Policy and procedures manual Crane argues that the court erred in granting Kitzinger’s motion in limine to exclude Noble's safety handbook and policy and procedure manual, because the handbook and manual would establish the type of safety information available to Robert and allow the jury to determine the reasonableness of his actions. Books, pamphlets and treatises are not admissible into evidence to prove facts contained therein since they are generally considered hearsay evidence. In this case, the handbook referenced the manual and both addressed fall protection. Because the handbook and manual would show Robert’s state of mind and the extent of his exercise of reasonable care at and prior to the time of the incident which could assist the jury in determining the reasonableness of Robert’s action and the allocation of comparative fault, the court erred in excluding this evidence. Issue 2: Exclusion of testimony Crane argues that the court erred by excluding specific testimony of a project manager because he was not designated as an expert witness. The court’s ruling with regard to admission of expert testimony will stand unless it amounts to an abuse of discretion. Based on the judge's examination of the witness, he did not abuse his discretion in determining that the witness was not an expert and that the questions were not fact questions.


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