Wright v. House of Imports, Inc.
381 S.W.3d 209
Ky.2012Background
- Wright slipped on the top step while exiting House of Imports on August 31, 2007, sustaining injuries.
- Trial jury allocated 25% fault to Wright and 75% to House of Imports; damages included $75,000 for pain and suffering and $86,151.56 in medical expenses, yielding a total award of $120,863.67.
- Wright sued for common-law negligence alleging negligent maintenance of the premises created a dangerous condition.
- At trial, engineer John Schroering testified the stairs violated several Kentucky Building Code safety standards.
- Court of Appeals reversed, finding palpable error for admitting code-based testimony without jury instructions on applicability; Kentucky Supreme Court granted discretionary review and reinstated the trial court's judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of building-code testimony without instructions | Wright argues the expert's code-based testimony was admissible to prove breach. | House contends the testimony was irrelevant to common-law negligence absent code applicability instruction. | No palpable error; admission did not warrant reversal. |
| Preservation and palpable-error standard | Appellee's palpable-error claim should be reviewed due to trial-court ruling. | Palpable error exists only if preexisting preservation rules are violated and manifest injustice shown. | CR 61.02 not satisfied to reverse; no palpable error affected substantial rights. |
Key Cases Cited
- O’Connor & Raque Co. v. Bill, 474 S.W.2d 344 (Ky.1971) (relevance and evidentiary fit in expert testimony)
- Crosby v. Boren, 202 Ky. 348 (Ky.1924) (cannot complain about instructed jury where party proposed the instruction)
- Gibson v. Thomas, 307 S.W.2d 779 (Ky.1957) (reversal not warranted when party proposed instructions)
- Wright v. Jackson, 329 S.W.2d 560 (Ky.1959) (same principle on proposed jury instructions)
- Kennedy v. Commonwealth, 544 S.W.2d 219 (Ky.1976) (feeding one can of worms rule in appellate review)
- Lee v. Tucker, 365 S.W.2d 849 (Ky.1963) (prehearing statement limitations on issues on appeal)
- Goodyear Tire & Rubber Co. v. Thompson, 11 S.W.3d 575 (Ky.2000) (relevant difference between issue fit and specific rulings)
- Pathways, Inc. v. Hammons, 113 S.W.3d 85 (Ky.2003) (elements of common-law negligence standard of care)