Hardt v. Columbia Plywood

Plaintiff, a log truck driver, was injured while delivering logs to defendant’s mill. His complaint alleged negligence and a violation of the Employer Liability Law (ELL).1 Defendant’s answer alleged, as an affirmative defense, that plaintiff was contributorily negligent. At the close of the evidence, plaintiff withdrew his negligence claim. The court granted plaintiffs motion for a directed verdict on the contributory negligence issue.2 The jury found in favor of plaintiff, and defendant appeals. It assigns as errors the directed verdict and the court’s refusal to give the jury its requested…