McCrary v. Bill McCarty Const. Co., Inc.

OPINION

HENDLEY, Judge.

Plaintiff appeals an adverse jury verdict in a personal injury action. Plaintiff was constructing a home. He cleared the lot of small trees. In removing the trees, he cut them so that there were pointed stumps two to six inches high. Plaintiff ordered fill-dirt from defendant. Upon arriving at the site, defendant’s employee expressed concern that he might ruin a tire if he ran over one of the pointed stumps. Defendant’s employee testified that plaintiff undertook to guide him as he backed up to dump the dirt. Plaintiff testified that he did not direct defendant’s truck…