Christopher E. Johnson v. Brayman Construction Corporation

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Christopher E. Johnson’s motion for a new trial following a defense verdict in his deliberate intention action against Brayman Construction Corporation. The court held that the circuit court did not abuse its discretion in allowing competing expert testimony concerning OSHA regulations and that any error regarding jury instructions or an improper statement about intent was not prejudicial because the jury found that Brayman lacked actual knowledge of the unsafe working condition.

Holdings

1. The circuit court did not abuse its discretion by allowing both parties' experts to offer opinions concerning the applicability of competing OSHA regulations to the workplace and work involved.
2. Any error in instructing the jury on all of the competing OSHA regulations did not warrant setting aside the verdict because the jury found against Johnson on the actual-knowledge element and never reached the regulatory-violation element.
3. The circuit court did not abuse its discretion by denying a mistrial after respondent's expert stated that he believed Brayman's supervisor did not deliberately try to injure Johnson.

Questions Presented

1. Whether the circuit court erred by refusing to take judicial notice of the OSHA regulations Johnson claimed applied to the worksite.
2. Whether the circuit court erred by permitting the parties' experts to testify about the applicability of competing OSHA regulations.
3. Whether the circuit court erred by instructing the jury on OSHA regulations advocated by both parties, including regulations Johnson claimed were inapplicable.
4. Whether the circuit court erred by denying a mistrial after respondent's expert stated that he believed Brayman's supervisor did not deliberately try to injure Johnson.

Disposition

affirmed