Helms v. T & L Building Contractors, Inc.

Gregory, Justice:

This is a negligence action. Appellant Jerry Helms was injured in a fall after respondent’s employee improperly mounted a pallet on a forklift. Respondent admitted its employee’s negligence, but disputed causation, and raised the affirmative defenses of assumption of the risk and contributory negligence. Helms appeals from a jury verdict for respondent. We affirm.

First, appellant contends the trial judge erred in its charge on assumption of the risk. It does appear the charge was in error; however, Helms admits the judge later correctly charged the law. This curative charge…