Dabney v. Wexler-McCoy, Inc.

OPINION

ROSS, Justice.

Paul Dabney, Jr. and Teri Dabney appeal from a judgment denying them damages for physical harm incurred when Paul Dabney, Jr. tripped on a sheet of plywood at Wexler-McCoy’s place of business. They contend in three points of error that the trial court erred by asking the jury to decide whether Paul was an invitee or licensee on Wexler-McCoy’s premises, by giving the jury an incorrect definition of invitee negligence, and by instructing the jury that “the fact that an accident happens is no evidence that there was an unreasonable risk of such occurrence.”

Paul, an employee…