Banks v. Harris

Shawn J. Banks, an infant, sued Galen W. Harris to recover damages for injuries allegedly resulting from Harris’ negligence. The trial court confirmed a jury verdict in Harris’ favor. In Banks’ appeal, the dispositive issue is whether the trial court erred in granting Instruction No. 10, which told the jury:

If you believe that a party, without explanation, failed to call Shawn Banks, an available witness who has knowledge of necessary and material facts, you may presume that, if called, his testimony would have been unfavorable to the party who failed to call him.

The facts germane to this…