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Adams v. Metropolitan Atlanta Rapid Transit Auth.

Because the personal injury plaintiff did not redact her medical records' exhibit to remove irrelevant records, the trial court properly excluded the entire exhibit.

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Mary Gordon Adams sued the Metropolitan Atlanta Rapid Transit Authority MARTA and its employee, Richard James, for injuries she sustained as a passenger on a bus driven by James. She appeals the jury verdict in favor of MARTA and James, the judgment entered on the verdict and the denial of her motion for new trial. Adams claims that the trial court erred by refusing to give three jury charges she requested, by improperly charging the jury on the law pertaining to the duty a carrier owes to its passengers and by not admitting certain medical records. We find no error with respect to the trial court’s failure to give the requested charges or with the exclusion of the medical records. We do find that the trial court gave an incomplete instruction about the duty a carrier owes to its passengers, but find that it did not deprive Adams of a fair trial. As a result, we affirm.

On December 13, 1996, Adams boarded a MARTA bus at the North Avenue station. Adams was 76 years old and worked full time. She sat down at the front of the bus, but moved at the next stop because the cold air from the door was bothering her. Adams testified that she told James she was moving to the back of the bus and that as she was attempting to sit down, he “stepped on the accelerator and took off,” the bus jerked and she fell. She went to the doctor two days later. Although none of her treating physicians testified, Adams testified that she sustained a concussion and experienced pain in her lower back as a result of the fall, that she received treatment from a chiropractor for a year and that she was unable to return to work after the fall.

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