Bailey v. M.B.C. Construction Co., Inc.

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Bailey v. M.B.C. Construction Co., Inc.

Additional Case Names
Sharp v. M.B.C. Construction Co., Inc.
Case Number
Court Number
Call Date
January 14, 2020
Case Time
9:00 AM
Case Summary

A-19-156, Bailey (Appellant) v. M.B.C Construction Co. 

A-19-157, Sharp (Appellant) v. M.B.C. Construction Co.

 Douglas County, District Court Judge James Gleason

Attorney for Appellant:  Kathleen Person, Greg Abboud

Attorney for Appellee:  David M. Woodke, Earl G. Greene, III

Civil Action:  Negligence

Action Taken by Trial Court:  Bailey and Sharp filed a negligence lawsuit against M.B.C. Construction alleging negligent maintenance of the construction site was the proximate cause of their injuries and damages.  The case was tried to a jury, which returned a verdict for M.B.C. Construction. Bailey and Sharp filed motions for new trial, but the district court denied the motions.

Assignments of Error on Appeal: On appeal, Bailey and Sharp contend that the district court erred in: (1) denying their motions for a new trial without accepting the proposed exhibits and reviewing the evidence to determine the merits of the motions and based on altered trial testimony of the defendant's representative; (2) striking the OSHA-related testimony of their expert witness; (3) refusing to instruct the jury that a violation of OSHA can be used as evidence of negligence; (4) introducing a new concept when giving jury instructions that were not supported by the evidence and were prejudicial to their case; and (5) in giving a jury instruction on assumption of the risk without specifically identifying the risk allegedly assumed.

Case Location
Court Type
District Court
Schedule Code
Panel Text
Moore, Chief Judge, Arterburn, and Welch, Judges