McMullin v. Politte

CRIST, Judge.

Slip and fall on parking lot case. The jury found plaintiff/respondent 100% at fault. The trial court found reversible error in defendants/appellants’ affirmative converse instruction. We reverse.

Plaintiff submitted a verdict director requiring the assessment of a percentage of fault to defendants on a finding of loose gravel on defendants' parking lot; the lot was not reasonably safe for customers; defendants knew about it; defendants failed to use ordinary care to remove or warn of it; and plaintiff was injured. Without specific objection from plaintiff, defendants submitted an…