Royal v. McNulty

Plaintiffs brought this civil action to recover for the alleged negligence of the defendants, charging that the defendants failed to use reasonable care in the conduct of their operations so that a scaffolding upon which the injured plaintiff, Ivan Royal, was working tilted, causing his injury.

At the conclusion of the plaintiffs’ opening statement the defendants made a motion to dismiss. The plaintiffs then requested to amend their pleadings. This was allowed by the court and it was accomplished orally. The trial court ruled upon the motion to dismiss and held that as a matter of law the…