Gaston v. Fazendin Construction, Inc.

Plaintiff, a lawful entrant of a home being constructed by defendant, was awarded damages for personal injuries sustained in a fall while installing telephone wires in a bedroom wall. Defendant appeals from an order denying its motion for judgment notwithstanding the verdict or a new trial. We affirm the order of the trial court.

On May 4, 1973, appellant was constructing a house in Minnetonka. The exterior was almost complete, and studs for the interior walls were in place. Appellant had made arrangements for the house to be wired for telephones. Respondent, a telephone company employee, was…