Briglevich v. Liberty House Restaurant Corp.

Rose Briglevich sued the Blue Ridge Grill after she slipped and fell while attending a dinner meeting there one evening. The case went to trial and the jury returned a defense verdict. Briglevich appeals, claiming the trial court erred in certain evidentiary matters. After reviewing the record, we conclude there was no error and affirm. 1. In her first enumeration, Briglevich claims the trial court erred in allowing restaurant employees to testify that no subsequent remedial measures were taken after Briglevich fell. Specifically, an employee was asked “Is that section of the floor in the same condition now as it was in June of 2001″ The employee responded that it was. Briglevich claims that this could give the jury the impression that the restaurant was claiming that no subsequent remedial measures were needed. She claims that this argument is the “flip-side” of the rule prohibiting testimony about subsequent remedial measures.

First, we note that Briglevich’s counsel made no objection after the above question was asked. Second, Briglevich cites to no authority for her contention that the above question was error, and we find none. Brooks v. Cellin Mfg. Co , 251 Ga. 395 306 SE2d 657 1983, is not helpful. In that case, the Supreme Court ruled that the defendant had opened the door to evidence of subsequent remedial measures. Id. at 397.