Harrison v. Otis Elevator Co.

935 F.2d 714, 1991 WL 114747
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 17, 1991
DocketNo. 90-3264
StatusPublished
Cited by27 cases

This text of 935 F.2d 714 (Harrison v. Otis Elevator Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison v. Otis Elevator Co., 935 F.2d 714, 1991 WL 114747 (5th Cir. 1991).

Opinion

DUHÉ, Circuit Judge.

We are asked, in this appeal, to find error in the district court’s refusal to grant a directed verdict or judgment notwithstanding the verdict because (1) a proper risk-utility analysis was not conducted, and (2) prior notice of a risk was never proven. Alternatively, we are asked to grant appellant a new trial because of procedural failings and evidentiary deficiencies. Additionally, intervenor appeals the district court’s refusal to allow it the recovery of weekly compensation benefits paid out. We affirm.

FACTS AND PROCEEDINGS IN THE DISTRICT COURT

Appellee, Ronald Harrison, a hotel security supervisor at Le Meridien Hotel, was injured on two separate occasions while testing the operation of a passenger elevator manufactured and maintained by appellant Otis Elevator Company (Otis). Abrupt, unscheduled stops during the elevator’s descent knocked Harrison against the elevator wall. Harrison filed suit in Louisiana state court but Otis removed the action to federal court. Highlands Insurance Company, the hotel’s worker’s compensation insurer, intervened to recover compensation benefits and medical expenses paid to Harrison.

Otis unsuccessfully moved for a directed verdict. A jury found Otis’s negligence to be the proximate cause of Harrison’s injuries, and damages were awarded to reflect future medical expenses, future lost wages, and pain and suffering. Otis then unsuccessfully moved for a judgment notwithstanding the verdict and a new trial. The court granted and Harrison accepted a remittitur reducing his award for future medical expenses. Highlands unsuccessfully moved to alter or amend the district court judgment. This appeal followed.

I.

Otis contends that the district court erred in refusing to grant it a directed verdict or a judgment notwithstanding the verdict. Our standard of review with respect to motions for directed verdict and for judgment notwithstanding the verdict is based on the principle that “it is the function of the jury as the traditional finder of fact, and not the Court, to weigh conflicting evidence_” Boeing Co. v. Shipman, 411 F.2d 365, 375 (5th Cir.1969) (en banc). Accordingly, these motions are inappropriate to reverse a jury’s decision unless consideration of all of the evidence and inferences favorable to the nonmoving party convinces the Court that no reasonable jury could arrive at a contradictory verdict. Id.

Otis contends that this case should never have been submitted to the jury because the district court, as a threshold matter, should have conducted a risk-utility analysis to determine whether the elevator presented an “unreasonable risk of harm” at the time of Harrison’s injury. See Matthews v. Ashland Chemical, Inc., 770 F.2d 1303 (5th Cir.1985); Entrevia v. Hood, 427 So.2d 1146 (La.1983). We conclude from the record that the district court did consider whether the risk created by Otis was justified. The district court noted that the utility of an elevator, especially to a hotel, was significant, but that the risk of harm presented by an elevator that operated erratically posed an unreasonable risk of harm. This risk of harm manifested itself in Harrison’s injuries.

Otis erroneously argues that it cannot be liable for injuries resulting from a [717]*717safety mechanism that operates properly and within code specifications1 despite the fact that the misconduct triggering the safety mechanism stems from Otis’s negligence. In failing to properly maintain the elevator pursuant to a written contract, Otis’s negligent conduct could properly be determined to be the cause of appellee’s injuries. See Campbell v. Otis Elevator Co., 808 F.2d 429, 435 (5th Cir.1987) (applying Louisiana law); Rosell v. Esco, 549 So.2d 840, 849 (La.1989). The testimony of plaintiff’s expert, Dr. Robert Cosgrove, supported the jury’s verdict. Dr. Cosgrove testified that Otis never properly repaired the elevator despite receiving a number of complaints. Whether Otis’s inability to adequately correct the elevator’s malfunction amounted to negligence was a question for the trier of fact. Significant evidence was adduced to support a finding for either party. However, because there is substantial evidence in the record supporting the jury’s verdict, appellant’s motions for directed verdict and JNOV were properly denied. See Boyle v. Pool Offshore Co., 893 F.2d 713, 715-16 (5th Cir.1990); Boeing, 411 F.2d at 373-75.

II.

Alternatively, Otis contends that the district court erred in not granting it a new trial. Otis argues that a new trial was warranted because (1) the district court failed to define “unreasonable risk of harm” in its jury instructions, (2) the jury awarded future wage losses despite evidence that Harrison was likely to be able to return to work, and (3) confusion among jurors regarding excluded evidence negated the possibility of a fair trial.

A. Jury Instructions

The standard for reviewing an instruction is whether the jury was misled in any way and whether it had an understanding of the issues and its duty to determine those issues. Sandidge v. Salen Offshore Drilling Co., 764 F.2d 252, 261 (5th Cir.1985). “The function of the reviewing court with respect to instructions is to satisfy itself that the instructions show no tendency to confuse or to mislead the jury with respect to the applicable principles of law.” Rohner, Gehrig & Co. v. Capital City Bank, 655 F.2d 571, 580 (5th Cir. Unit B 1981) (citing 9 C. Wright and A. Miller, Federal Practice and Procedure: Civil § 2558 (1971)). No harmful error is committed if the charge viewed as a whole correctly instructs the jury on the law, even though a portion is technically imperfect. Sandidge, 764 F.2d at 262. The trial court has broad discretion to compose jury instructions, as long as they are fundamentally accurate and not misleading. Gates v. Shell Offshore, Inc., 881 F.2d 215 (5th Cir.1989). This wide discretion enables district judges to select their own words and to charge in their own styles. Sandidge, 764 F.2d at 262.

“[I]f a jury charge misstates substantive state law and thereby prejudicially misleads the jury, the judgment may be reversed.... [However ejven though state substantive law dictates the content of the charge, federal law governs the phrasing of the instructions and the sufficiency of the evidence to support the charge.” Campbell v. Otis Elevator Co., 808 F.2d 429, 431 (5th Cir.1987) (citations omitted).

The jury was charged, in part, as follows:

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Bluebook (online)
935 F.2d 714, 1991 WL 114747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-otis-elevator-co-ca5-1991.