Cathy Morris v. Dorma Automatics Incorporated
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:09-cv-03267-DCN. Copies to all parties and the district court/agency. [999168645]. [13-1155]
Cathy Morris v. Dorma Automatics Incorporated
Appeal: 13-1155
Doc: 22
Filed: 08/08/2013
Doc. 404573741
Pg: 1 of 5
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1155
CATHY MORRIS,
Plaintiff – Appellant,
v.
DORMA AUTOMATICS INCORPORATED; CAROLINA DOOR CONTROLS,
INCORPORATED,
Defendants – Appellees,
and
KMART CORPORATION,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:09-cv-03267-DCN)
Submitted:
June 21, 2013
Decided:
August 8, 2013
Before KING, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
J. Kevin Holmes, THE STEINBERG LAW FIRM, L.L.P., Charleston,
South Carolina, for Appellant.
Robert H. Hood, James B. Hood,
T. Happel Scurry, Deborah Harrison Sheffield, HOOD LAW FIRM,
LLC, Charleston, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Appeal: 13-1155
Doc: 22
Filed: 08/08/2013
Pg: 2 of 5
PER CURIAM:
Plaintiff Cathy Morris appeals from the district court’s
entry
of
summary
Automatics,
(“CDC”).
Inc.
judgment
(“Dorma”)
in
favor
and
of
Carolina
defendants
Door
Dorma
Controls,
Inc.
Morris posits a single assignment of error in her
opening brief, that is, whether the court incorrectly excluded
certain
of
her
Federal
Rules
trial
of
exhibits
Evidence.
pursuant
As
set
to
forth
Rule
407
below,
we
of
the
reject
Morris’s contention and affirm.
Morris
initiated
this
suit
seeking
compensation
for
injuries she suffered on June 24, 2008, when she became stuck in
a set of recently installed automatic doors at a Kmart Store
located in Charleston, South Carolina. 1
and
CDC
sought
to
exclude
from
Prior to trial, Dorma
evidence
seventeen
exhibits,
consisting of work orders, service reports, and warranty bills,
that Morris intended to offer in support of her manufacturing
defect claim.
The district court granted the motion in part,
excluding five documents under Federal Rule of Evidence 407. 2
1
For purposes of our review of the district court’s summary
judgment award, we recite the facts in the light most favorable
to Morris, as the nonmoving party.
See Durham v. Horner, 690
F.3d 183, 185 n.3 (4th Cir. 2012).
2
In its entirety, Rule 407 of the Federal Rules of Evidence
provides that
(Continued)
2
Appeal: 13-1155
Doc: 22
Filed: 08/08/2013
Pg: 3 of 5
The district court’s evidentiary ruling, which we review
for abuse of discretion, is the sole issue identified in this
appeal.
See United States v. Rooks, 596 F.3d 204, 209-10 (4th
Cir. 2010) (standard of review); Snyder v. Phelps, 580 F.3d 206,
217 (4th Cir. 2009) (“Appellant must raise in its opening brief
all
the
issues
it
wishes
the
court
to
address.”
(internal
quotation marks omitted)).
In
an
carefully
order
explaining
differentiated
its
between
ruling,
the
the
proffered
district
documents
court
that
described measures actually implemented after June 24, 2008, and
those documents that did not. 3
See J.A. 167-79. 4
Morris does
[w]hen measures are taken that would have made an
earlier injury or harm less likely to occur, evidence
of the subsequent measures is not admissible to prove:
•
•
•
•
negligence;
culpable conduct;
a defect in a product or its design; or
a need for a warning or instruction.
But the court may admit this evidence for another
purpose, such as impeachment or — if disputed —
proving ownership, control, or the feasibility of
precautionary measures.
3
In her brief, Morris mischaracterizes the district court’s
evidentiary ruling as excluding evidence that the court did not,
in fact, exclude.
Compare Br. of Appellant 16 (challenging
exclusion of August 14, 2008 work order (J.A. 76) and August 15,
2008 service report (J.A. 77)); with J.A. 174-75 (explaining
that those documents would be admitted provided that Morris
established a proper foundation).
3
Appeal: 13-1155
Doc: 22
Filed: 08/08/2013
Pg: 4 of 5
not dispute that the evidence excluded by the district court
describes measures taken that would have made her injury less
likely to occur, or that she intended to offer such evidence to
prove a defect in the automatic doors.
Instead, she asks us to
craft
407,
a
judicial
exception
to
Rule
justifiable reason for doing so. 5
readily
conclude
discretion
by
that
the
applying
407
provides
no
In these circumstances, we
district
Rule
but
court
and
did
excluding
not
the
abuse
its
two
work
orders (J.A. 74, 78), two service reports (J.A. 75, 80), and one
warranty
bill
(J.A.
81)
as
evidence
of
subsequent
remedial
measures.
Pursuant to the foregoing, we affirm the judgment of the
district
facts
court.
and
legal
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
the
4
Citations herein to “J.A. ___” refer to the contents of
the Joint Appendix filed by the parties in this appeal.
5
Morris devotes a significant portion of her brief to the
alternative argument that the excluded evidence should have been
admitted for the limited purpose of impeaching the defendants’
expert witness, who would have opined that the doors were
functioning properly.
Correct or not, this contention is
irrelevant.
Even were it proper impeachment, the contested
evidence would not have been admissible for substantive
purposes, and it could not save what Morris’s trial counsel has
conceded to be otherwise insufficient evidence.
See J.A. 163
(stating that “in light of [the district court’s] evidentiary
rulings . . . I really do not have sufficient evidence to
establish a defective product case”).
4
Appeal: 13-1155
Doc: 22
materials
before
Filed: 08/08/2013
this
court
Pg: 5 of 5
and
argument
would
not
aid
the
decisional process.
AFFIRMED
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?