186 Mich. App. 68 | Mich. Ct. App. | 1990
Plaintiff sued defendants following an all-terrain vehicle accident which left him a quadriplegic. After trial, the jury returned a verdict in favor of defendants, finding them not negligent and further finding that defendants American Honda Motor Company, Incorporated, and Dixie Cycle Sales, doing business as West Bay Honda, had not breached any implied warranties. Plaintiff appeals as of right and defendants cross appeal. We affirm the jury’s verdict and, therefore, do not reach the issues raised in defendants’ cross appeal.
Plaintiff first claims that the trial court abused its discretion when it admitted two videotapes because defendants did not show that the foundational requirements were met. The videotapes were not offered to recreate the accident and, therefore, we believe that the trial court did not abuse its discretion in admitting them. Kirk v Ford Motor Co, 147 Mich App 337, 343-344; 383 NW2d 193 (1985), lv den 426 Mich 866 (1986); Gorlick v Dep’t of State Highways, 127 Mich App
Plaintiff next claims that the trial court erred when it failed to strike a question and answer concerning an alleged prior inconsistent statement a witness made to his brother. The witness was asked if he made a particular prior inconsistent statement to his brother. The witness denied making the statement. Plaintiff did not object to the question at that time, but, on the following day, he claimed that the statement was hearsay on hearsay and wanted defendants’ attorney to disclose the basis for the question. Defendants’ attorney offered to reveal that information in camera. The trial court found the question proper.
We begin by noting that plaintiff never asked the trial court to strike the question and answer. Moreover, plaintiff did not object to the question when it was asked and, therefore, the issue is not preserved for appeal. MRE 103(a)(1). On appeal, plaintiff also claims that the question concerning the prior statement was improper because the witness was not told when and where the statement was made. MRE 613(a). This issue is raised for the first time on appeal and, therefore, is not preserved for appeal. In any event, the witness denied making the statement, the witness’ testimony was not impeached by showing the existence of a prior inconsistent statement, and the jury was instructed that the answers of witnesses, not the questions put to them, were evidence. Hence, we cannot say that plaintiff was prejudiced merely because the question was asked.
Plaintiff also claims that the trial court erred when it allowed a police officer to testify concerning another prior inconsistent statement made by the same witness. Plaintiff argues that the testi
Plaintiff next contends that the trial court erred when it refused to permit him to read excerpts from the deposition testimony of Edmund Cababa pursuant to former MCR 2.308(A)(l)(c)(i). During trial, plaintiff wanted to introduce some of Cababa’s deposition testimony. Defendants sought to introduce other portions of the deposition pursuant to MRE 106. Plaintiff objected to some of the material defendants wanted introduced on the basis that Cababa was not a qualified expert in
Finally, plaintiff claims that the trial court erred in permitting defense counsel to argue in closing argument that defendants operated under the same standard of care as plaintiff. When plaintiff objected, the court noted that it would instruct the jury. We hold that defense counsel’s argument was proper and, in any event, the trial court’s instructions would have cured any error. Reetz v Kinsman Marine Transit Co, 416 Mich 97; 330 NW2d 638 (1982).
In light of our decision, we need not address the issues raised in defendants’ cross appeal.
Affirmed.