Levin ex rel. Levin v. Welleby Management Ass'n

Levin appeals after a jury found Welle-by not liable for negligence in this personal injury claim. Levin argues that the trial court erred in excluding evidence regarding a prior accident, and in excluding certain medical testimony. We affirm.

Erik Levin, a 14 year old boy, stepped off a median and was struck by an oncoming automobile. Welleby was responsible for maintaining the median. Levin claimed that in addition to the negligence of the driver of the vehicle that struck him, Welleby’s negligent maintenance of the median contributed to the accident. Specifically, he claimed that the…