Hennesy v. TINA MARIE HOMES, INC.

Opinion by

Mr. Justice Pringle.

Plaintiff in error was plaintiff in the trial court and will be referred to as plaintiff. Defendant in error was defendant and will be referred to as defendant.

Plaintiff brought the action to recover for personal injuries which she suffered as a result of a fall in a model “show” home built and owned by the defendant. She alleged in her complaint that the fall was proximately caused by the negligence of the defendant. Defendant denied any negligence on its part and by way of further defense alleged that the proximate 'cause of the accident was the sole negligence…