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05/17/76 CARRERAS v. HONEGGERS & COMPANY

May 17, 1976

CARRERAS
v.
HONEGGERS & COMPANY, INC.



Appeal from Washtenaw, Ross W. Campbell, J.

M. J. Kelly, P. J., and V. J. Brennan and Danhof, JJ.

SYLLABUS BY THE COURT

1. Witnesses -- Redirect Examination -- Cross-Examination.

A witness on redirect examination is allowed to explain an answer made on cross-examination.

2. Witnesses -- Evidence -- Relevancy -- Cross-Examination -- Redirect Examination.

Allowing a plaintiff's witness to give testimony on redirect examination relating to a safety code was not error, although the code was not otherwise relevant to the case, where (1) the code was first brought up by defense counsel on cross-examination of the witness, and (2) the trial court restricted the plaintiff's attorney on redirect examination to eliciting testimony on those portions of the code brought out on cross-examination.

3. Evidence -- Negligence -- Subsequent Repairs -- Safety Measures -- Feasibility.

Evidence in a negligence case of subsequent repairs by the defendant is generally inadmissible; however, such evidence is admissible to show the feasibility of taking safety measures where the defendant has put feasibility of taking safety measures in question.

4. Evidence -- Negligence -- Subsequent Repairs -- Objections -- Curative Instructions -- Mistrial.

Failure to grant a mistrial in a negligence case, after plaintiff's witness testified as to subsequent repairs made by the defendant, was not error where the testimony was responsive to a question, the testimony was given before defendant objected, and the defendant declined a curative instruction.

5. Evidence -- Negligence -- Subsequent Repairs.

Admitting testimony in a negligence case concerning subsequent repairs by the defendant was not reversible error where the plaintiff did not argue that the subsequent repairs were proof of negligence and there were other facts upon which a verdict for plaintiff could have been rendered.

6. Trial -- Exhibits -- Jury Rooms -- Trial Court -- Discretion.

It is within the discretion of the trial court to allow exhibits to be taken into the jury room.

7. Trial -- Exhibits -- Witnesses -- Jury.

An exhibit, which may be used as a testimonial aid to help the jury understand the evidence, must be sponsored by a witness who uses it to relate his personal knowledge or scientific skill and understanding.

8. Jury -- Evidence -- Exhibits.

The jury settles disputes over the correctness of the representation made by an exhibit.

9. Trial -- Exhibits -- Jury -- Jury Rooms -- Expert Witnesses.

Allowing a jury to take charts into the jury room in a negligence case was not an abuse of discretion where the charts were properly founded on the testimony of an expert witness and the nature of the expert's testimony was complex.

10. Damages -- Negligence -- Absence from Work -- Incentive to Work.

It is within the discretion of the trial court in a negligence case to admit evidence bearing on the question of whether an injured party possessed sufficient incentive to return to work, in order to show that an absence from work was not due solely to injuries received.

11. Evidence -- Relevancy -- Materiality -- Judges -- Discretion.

The determination of the relevancy and materiality of evidence is a matter of discretion with the trial Judge.

12. Evidence -- Photographs -- Loss of Legs.

Admitting in evidence a 26-year-old photograph of the plaintiff as a track star was not an abuse of discretion, in an action for damages arising out of a mill accident in which plaintiff lost a leg, where at trial there were numerous references to the place that ...


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