Metropolitan Dade County v. Salwan
Metropolitan Dade County v. Salwan
Opinion of the Court
In this personal injury negligence action, defendant Metropolitan Dade County (County) appeals the trial court’s granting of plaintiff Maria Salwan’s (Salwan) motion for a new trial.
After hearing the legal arguments presented by counsel for the parties, and an initial ruling to the contrary, the trial court refused to allow the plaintiff to introduce a portion of the County's Metropolitan Transit Authority bus operator’s training manual into evidence. Ultimately, the trial concluded with a verdict in favor of the defendant. When plaintiff Salwan moved for a new trial, the court granted the motion upon a finding that it had erred in not permitting plaintiff to introduce the manual into evidence. The defendant appeals, contending that the motion for new trial should not have been granted because the court’s ruling prohibiting the introduction of the training manual was correct. We agree and reverse.
Our review of the parties’ various contentions need proceed only as far as an examination of the training manual at issue. The language by which Salwan seeks to hold County liable is found in the manual within the section labeled “Courtesy”
Inasmuch as the trial court’s order granting plaintiff Salwan’s motion for new trial was based upon a finding that the court erred in not permitting plaintiff to introduce the manual, the order is hereby reversed.
Reversed.
. The relevant provision, in full, is as follows: "(11) ALIGHTING, FRONT DOOR — To avoid crowding at busy stops, where the same door is used for entrance, say clearly, as you open the door, ‘Please let them out first, then you can all get in easier. Thank you.’ ”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.