Hammer v. Bell Construction Co.

STEVENS, Presiding Judge.

The appellant, who was the plaintiff in the Superior Court, received a substantial judgment against the appellees. The trial court granted the appellees’ motion for a new trial. In the order granting the new trial the trial court specified that the order was based upon the court’s failure to instruct on the appellees’ theory relative to the applicability of § 414 of the Restatement of Torts 2d, hereinafter referred to as § 41,4. The instant appeal was taken from the order granting the new trial.

As is often the situation in personal injury cases, there was a conflict…