Martishius v. Carolco Studios, Inc.

I would hold that the trial court erred in denying Carolco’s motions for directed verdict and/or judgment notwithstanding the verdict and will address the following issues: (1) the duty Carolco owed to plaintiff; (2) whether Carolco breached its duty owed; (3) the obvious nature of the dangerous condition, and plaintiff’s knowledge thereof; and (4) plaintiff’s contributory negligence.

Facts

In addition to the majority’s factual background, I add the following. Plaintiff worked for Crowvision, licensee of Carolco. Crowvision’s representatives inspected Carolco’s facilities on several occasions…