Briggs v. Morgan

JOHNSON, Judge.

This is an action for the wrongful death of Dorritt Briggs Cannada. The issue presented for review is whether the trial court erred in excluding plaintiffs evidence of the custom of other garbage collectors and of the voluntary practice of defendant regarding the use of a warning device or “back-up bell” on garbage collection trucks. Plaintiff contended that defendants were negligent in failing to maintain a functional back-up bell on the garbage truck that ran over the plaintiffs decedent and sought to introduce evidence of the industry custom and the defendant’s own voluntary…