Carney v. Coca-Cola Bottling Works of Tullahoma

OPINION

CANTRELL, Judge.

The two main issues in this appeal are: (1) whether a juror should have been excused for cause because she was acquainted with one of the parties, and (2) whether it was reversible error to charge the jury that violating a statute was negligence per se when there was no evidence that the statute applied. We find it was reversible error to charge the statute.

I

On a February morning in 1985, a driver employed by the Coca-Cola Bottling Works of Tullahoma, Inc. was making deliveries in the city of Shelbyville. He parked his truck on Lane Street in front of the Mus-grave…