Swee v. Myrl & Roy's Paving, Inc.

WOLLMAN, Chief Justice.

In appeal # 12554, appellants Maynard Swee and Marilyn Swee contend that the trial court erred in denying their motion for new trial. * We affirm. In appeal # 12561, respondent and cross-appellant Myrl & Roy’s Paving, Inc., contends that the trial court erred in failing to direct a verdict in its favor. We reverse and remand with directions that appellants’ complaint be dismissed.

On July 3, 1975, appellant Maynard Swee (appellant) was injured when he fell some ten or eleven feet to the bottom of an excavation as he was attempting to step onto a scaffold affixed to a…