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Kilday v. Kennestone Physicians Ctr. LP

The trial court did not abuse its discretion in admitting evidence of the plaintiff's prior car accident, and the lawsuit she filed with regard to that incident, in which she injured her neck and back, since her current injuries were related to the prior injuries in that she claimed a permanent impairment to her ability to work in both lawsuits.

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Deborah Kilday filed this premises liability action against Kennestone Physicians Center, L.P., and Meadows & Ohly, L.L.C. collectively “the Center”, seeking damages for physical injuries she allegedly sustained in a 2005 incident in which she was hit in the head by an opening door as she was walking down the hall at the Kennestone Physicians Center. Kilday appeals the judgment entered on the jury’s verdict in favor of the Center and the denial of her motion for new trial. For the reasons that follow, we affirm. Evidence presented at trial showed that Kilday was hit on the right side of her head and face by the back door of a physician’s office as the door was opened into a hallway of the Kennestone Physician’s Center. Kilday was walking through the hallway to another location from the Kennestone Hospital Neonatal Intensive Care Unit “NICU”, where she worked as a nurse. Although Kilday had walked through the hallway on previous occasions, she had never seen this door opened or used and was not aware of what was on the other side of the door, which contained no signage indicating an office was on the other side.

Prior to trial, Kilday moved in limine to prohibit the Defendants from introducing evidence of a lawsuit she filed in 1997 after her neck and back were injured in a car wreck. Kilday argued that evidence of those injuries and the lawsuit were irrelevant to the issues in this suit. Based on the briefs of the parties, the trial court denied the motion.

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