Trueax v. Ernst Home Center, Inc.

Ernst Home Center seeks review of the Court of Appeals reversal of a jury verdict in its favor in a negligence action brought by Linda Trueax (now Linda Zwarg). Ernst contends the claimed error, the failure to give a proposed instruction, was not preserved for review under CR 51(f). We agree and reverse.

On November 29, 1987, Linda Zwarg and her daughter were window shopping at the Franklin Park Mall in Spokane, Washington. As they were leaving the mall, they walked along the front of the Ernst store and then down a sidewalk next to a chain link fence which enclosed part of the Ernst nursery.…