Stacy v. Jedco Construction, Inc.

MARTIN, JOHN C., Judge.

Plaintiffs’ assignments of error and contentions focus on the second issue submitted to the jury; i.e., the issue of contributory negligence. By cross-assignments of error, defendant Jedco contends its motion for directed verdict should have been granted and the issue of its negligence should not have been submitted to the jury. For the reasons stated herein, we hold plaintiffs are entitled to a new trial on the issue of Mr. Purser’s contributory negligence.

I

A

Plaintiffs initially argue they were entitled to a directed verdict as to Jedco’s affirmative defense alleging…