Carney v. Smith

Plaintiff James Carney (Carney) was injured when his car was struck from behind by an 18-wheel tractor-trailer. Carney sued defendants Sherman Smith (Smith), the driver of the truck, and the Maxwell Company, Smith’s employer, to recover damages for his injuries. A jury returned a verdict in favor of Carney, finding that he suffered $153,000 in damages, but reduced the award to $76,500 because it assessed Carney’s comparative fault at 50%. On appeal, Carney seeks a new trial, alleging that (1) the circuit court improperly allowed covert surveillance videotapes to be played before the jury, and…