Barksdale v. Wilkowsky

In this lead paint case, we revisit the standard for determining “harmless error” in a civil case involving a faulty jury instruction. The Petitioner, Janay Barksdale, sued the owners of her childhood home (the “Owners”), alleging injuries from lead paint on the premises. At trial, the Owners questioned Barksdale’s grandmother whether she had ever notified them of flaking and peeling paint in Barksdale’s home. The Owners then requested a jury instruction indicating that a person’s failure to report flaking paint to the landlord is evidence of negligence. The trial court gave the instruction,…