Dobson v. Honeycutt

WELLS, Judge.

Plaintiffs contend that the trial court erred in its instructions to the jury. We agree and award plaintiffs a new trial. Defendants contend the trial court erred in dismissing their counterclaim. We disagree and affirm the trial court’s order.

Plaintiffs’ Appeal

Plaintiffs first assign error to the trial court’s refusal to give a peremptory instruction as to defendant Gloria Honeycutt’s negligence. The requested instruction was as follows: “[W]hen you come to the First Issue, the Court instructs you, that if you find the facts to be as the evidence tends to show, you will answer *712th…