Baldwin v. GTE South, Inc.

WELLS, Judge.

On 1 October 1991, the trial court ruled, in limine, that a Department of Transportation regulation prohibiting placement of commercial telephone booths in rights-of-way was a safety regulation. The court also ruled that pedestrians using such installations are within the class of persons protected by the regulation. At trial, GTE South moved for a directed verdict both at the end of plaintiffs evidence and at the close of all evidence. Both motions were denied. During its charge, the court instructed the jury on the issue of negligence per se.

Although defendant sets forth seven…