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Varnell v. Service Merchandise Co.

613 So. 2d 1042 (1993)

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Varnell v. Service Merchandise Co.

Louisiana Court of Appeal
613 So. 2d 1042 (1993)

Facts

Sheila Varnell (plaintiff) tripped over a display in a Service Merchandise Company, Inc. (defendant) showroom and brought a negligence action against Service Merchandise. At trial, Varnell presented extensive expert testimony regarding safety and safety standards. Varnell also sought to introduce Service Merchandise’s safety manual, as well as regulations promulgated under the Occupational Safety and Health Act of 1970 (OSHA) regarding workplace-safety practices for employers and employees. Varnell was not a Service Merchandise employee. The trial court excluded the safety manual and OSHA regulations from evidence after finding that their prejudicial effect outweighed their probative value. The jury ultimately concluded that Service Merchandise was not negligent, and Varnell appealed to the Louisiana Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Doucet, J.)

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