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CARNEY v. COCA-COLA BOTTLING WORKS

856 S.W.2d 147 (1993)

Carol CARNEY and Clark Carney, individually and as next friend of John Cunningham, a minor, Plaintiffs/Appellees, v. COCA-COLA BOTTLING WORKS OF TULLAHOMA, Defendant/Appellant.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied March 17, 1993.

Permission to Appeal Denied June 1, 1993.

Attorney(s) appearing for the Case

Steven D. Parman, Watkins, McGugin, McNeilly & Rowan, Nashville, for defendant, appellant.

Rondal T. Wilson, Shelbyville, for plaintiffs, appellees.

Permission to Appeal Denied by Supreme Court June 1, 1993.

OPINION

CANTRELL, Judge.

The two main issues in this appeal are: (1) whether a juror should have been excused for cause because she was acquainted with one of the parties, and (2) whether it was reversible error to charge the jury that violating a statute was negligence per se when there was no evidence that the statute applied. We find it was reversible error to charge the statute.

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