Skinner v. R.J. Griffin & Co.

Robert H. Dudley, Justice.

This issue on appeal is whether the trial court erred in charging the jury on comparative fault. We hold that it was error to give the instruction, and, because the error is not shown to be harmless, we reverse and remand.

The testimony about the accident giving rise to the instruction is virtually undisputed. Plaintiff was an experienced backhoe operator who owned his own backhoe and tractor and subcontracted with general contractors for backhoe work on large construction projects. The defendant, R. J. Griffin & Company, was the general contractor for building…