960238•Jones v. Cyprus Plateau Mining, Corp.
Testo completo
This opinion is subject to revision before final publication in the Pacific Reporter.
IN THE SUPREME COURT OF THE STATE OF UTAH
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Plaintiff and Appellee, v. Cyprus Plateau Mining, Corporation, a Delaware corporation, Defendant and Appellant. |
No. 960238 F I L E D August 12, 1997 |
Seventh District, Carbon County
The Honorable Bryce K. Bryner
Attorneys: Dennis J. Conroy, Fred R. Silvester, Clark A.
McClellan, Salt Lake City, for plaintiff
Kenneth W. Yeates, Jeremy M. Hoffman, D. Matthew
Moscon, Salt Lake City, for defendant
DURHAM, Justice:
Defendant Cyprus Plateau Mining Corporation (Cyprus) appeals from a judgment in favor of
plaintiff Thayde L. Jones. Cyprus also appeals from the district court's denial of its motion for a
new trial. We affirm.
BACKGROUND
In 1990, a large rock face fell on Jones, injuring him while he worked in Cyprus's Star Point
No. 2 Mine as an employee of J.S. Redpath Company (Redpath). Redpath was under contract to
Cyprus to construct tunnels between coal seams at the mine. The area contained vertical ground
displacement, known as "graben," that makes tunneling particularly difficult. Jones was
operating a hand-held "jack leg" drill, attempting to create blasting holes in the rock face, which
dislodged and injured him.
In 1992, Jones filed a complaint against Cyprus, alleging that it negligently breached its
nondelegable duty to maintain mine safety and to warn him of the rock face's danger. At trial,
the jury returned a verdict for Jones, apportioning 25% of the fault to Redpath and 75% to
Cyprus. Cyprus moved for a new trial, alleging errors of law in the trial court's jury instructions
and in the exclusion of references (both as direct evidence and during cross-examination of
Jones's expert) to the Mine Safety and Health Administration's (MSHA) failure to issue Cyprus
a citation in connection with Jones's accident.
JURY INSTRUCTIONS
Cyprus contends that the district court's jury instruction 41, regarding Cyprus's nondelegable
duties, constituted error because it misstated Utah law and was vague and potentially confusing.
The district court ruled that jury instruction 41 was proper because it was taken directly from the
Model Utah Jury Instructions (MUJI).(1) While we affirm this ruling, we explicitly distinguish
Utah law from the MUJI. That is, the MUJI are merely advisory and do not necessarily represent
correct statements of Utah law.
At trial, Cyprus objected that instruction 41 "misstates the law, the law in Utah and that it does
not--well, that's the grounds for the exception." Because Cyprus's objection to instruction 41
was not adequately preserved for appeal due to the lack of specificity in its initial objection, we
need not rule on whether the instruction was correct. Under Utah law, objections must be raised
with sufficient specificity at trial for the trial judge to have a legal basis for altering or rejecting
the instruction. Utah R. Civ. P. 51. Under rule 51, "a party must state distinctly the matter to
which he objects and the grounds for objection." We have interpreted this to mean that an
objection must be sufficiently precise so as to alert the trial court to all claimed errors and to give
the judge an opportunity to make corrections to the instructions before the jury retires. See
Nielsen v. Pioneer Valley Hosp., 830 P.2d 270, 271 (Utah 1992). This specificity requirement
also serves to preserve an objection for review on appeal. Id. at 272. Because Cyprus neither
requested an alternative instruction nor asked the court to reword its instruction, we find that
Cyprus did not provide the trial court with a sufficient basis upon which to amend or correct its
instructions. Cyprus failed to preserve its objection to instruction 41 adequately.
This case is complicated by the trial court's failure to hear exceptions to the jury instructions on
the record before the jury retired for its deliberations. That "the object of the instructions is to
enlighten the jury" is obvious. Id. at 275. Thus, Utah law requires that exceptions to jury
instructions be taken before the jury retires for its deliberations to permit necessary changes and
to give the trial judge a chance to correct mistakes. In fact, rule 51 states in part that objections
to instructions are to be made "before the jury retires to consider its verdict." We take this
opportunity to reemphasize the language in Nielsen, where we concluded:
Under rule 51, trial judges are to take objections to jury instructions before the jury is dismissed
to begin deliberations. It is all too common today to have counsel recite objections to the court
reporter after the jury has retired and the judge has left the bench. This is ill-advised because it
defeats the rule's primary function.
Id. at 272.
We conclude that the trial court's procedural error was harmless because Cyprus's objection to
instruction 41 was not sufficiently specific to have allowed the judge to correct the instruction
regardless of when it was taken. Harmless errors are those that are sufficiently inconsequential
so no reasonable likelihood exists that the error affected the outcome of the proceedings. See
Harline v. Barker, 912 P.2d 433, 442 (Utah 1996). Given the inadequacy of Cyprus's objection,
the fact that the trial court heard exceptions to the instructions after the jury retired for its
deliberations does not undermine our confidence in the verdict.
EVIDENTIARY ISSUES
Cyprus contends that by excluding evidence showing that MSHA did not issue a citation in
connection with Jones's accident, the trial court committed prejudicial error. It further argues
that since Jones opened the door for this evidence during direct examination of his expert,
Cyprus should have been allowed to cross-examine Jones's expert on MSHA's failure to cite
Cyprus for Jones's accident. We disagree with both contentions. First, the hypothetical
questions Jones put to his expert did not open the door for Cyprus to explore MSHA's failure to
issue a citation to Cyprus.
The trial court granted Jones's motion in limine regarding MSHA's failure to issue a citation to
either Redpath or Cyprus in connection with Jones's injury because Cyprus did not oppose the
motion and because the parties stipulated that they would not seek to introduce direct evidence
regarding this issue. At trial, however, Cyprus sought to cross-examine Jones's expert with
regard to the nonissuance of a citation in connection with Jones's accident. Normally, this
information would be admissible under rule 705 of the Utah Rules of Evidence as the basis of an
expert's opinion. However, since the MSHA investigator who was present at the Star Point
No. 2 Mine on the day of Jones's accident could not appear at trial, the district court sustained
Jones's objection to admission of this evidence as prejudicial under rule 403 of the Utah Rules of
Evidence.
Second, in reviewing rulings on admissibility under rule 403, we will not overturn the trial
court's determination absent an abuse of discretion. See Harline, 912 P.2d at 441. However, we
need not reach the question of whether the trial court's exclusion of this evidence constituted an
abuse of discretion because Cyprus has not shown prejudicial error. Under Utah law, "'[a]n
erroneous decision to admit or exclude evidence does not constitute reversible error unless the
error is harmful.'" Jouflas v. Fox Television Stations, Inc., 927 P.2d 170, 173 (Utah 1996)
(quoting Cal Wadsworth Constr. v. City of St. George, 898 P.2d 1372, 1378 (Utah 1995)).
Harmful error occurs where "the likelihood of a different outcome in the absence of the error is
'sufficiently high so as to undermine confidence in the verdict.'" Id. at 174 (quoting State v.
Knight, 734 P.2d 913, 920 (Utah 1987)).
In the instant case, Cyprus offers the mere speculation that the jury concluded that a citation may
have been issued to Cyprus in connection with Jones's accident. Cyprus does not show any
probability that the outcome would have been different had the evidence of MSHA's failure to
cite Cyprus been admitted. Because Cyprus has not demonstrated that it was prejudiced by the
trial court's ruling to exclude this evidence, we need not consider its other contentions.
The trial court denied Cyprus's motion for a new trial. Cyprus premised that motion on the jury
instruction and evidentiary arguments discussed above. We review a denial of a motion for a
new trial under an abuse-of-discretion standard. See Goddard v. Hickman, 685 P.2d 530, 532
(Utah 1984) ("A trial court has broad latitude in granting or denying a motion for a new trial, and
will not be overturned on appeal absent a clear abuse of discretion."). Since we find no merit in
Cyprus's jury instruction and evidentiary challenges, we affirm the district court's denial of
Cyprus's motion for a new trial.
The decision of the district court is affirmed.
Chief Justice Zimmerman, Justice Howe, and Justice Russon concur in Justice Durham's
opinion.
Associate Chief Justice Stewart concurs in the result.
Opinion Endnotes:
1. The trial court's jury instruction 41, which was modeled on MUJI 25.11, states:
Another exception to the general rule that a principal is usually not liable to others for the acts or
omissions of the independent contractor, is where by Utah or Federal law, such as those just read
to you, the one who employs an independent contractor has a non-delegable duty to undertake
certain precautions and procedures for the protection of others. Here, Cyprus as the principal is
liable for the harm proximately caused to the plaintiff as a result of any failure or omission of an
independent contractor to undertake such precautions and procedures for the miners working in
its mine.
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