Baughn v. Malone

Richard Baughn appeals a judgment rendered on a jury verdict for defendants Kenneth Hemmings and George Haller, the owners of Firwood Tavern, and Mark Harper, the security guard for the tavern (hereinafter referred to as defendants). Baughn assigns as error certain jury instructions given and refused, the trial judge's finding that Baughn was contributorially negligent as a matter of law, and the trial judge's failure to grant Baughn's motion for a mistrial. We reverse and remand for a retrial.

Baughn suffered serious physical injuries on November 29, 1975, when an automobile in which he was a…