Ivy v. Tower Insurance

The plaintiff offers three principal arguments to convince this court to set aside the verdict of the jury which was upheld by the trial court. Our review of the record requires that we reject each of these contentions and affirm the judgment. This opinion will examine each of the appellant’s contentions.

Nonnegligence as a Matter of Law.

The main thrust of this appeal is Mr. Ivy’s claim that he was not negligent as a matter of law. In support of this argument, Mr. Ivy points to the uncontradicted fact that the broken concrete flew suddenly under his foot from the wheels of the backhoe tractor.…