Osborn v. Mission Ready Mix

Opinion

TIMLIN, J.

Introduction

James P. Osborn and Beverly Osborn (plaintiffs) sued Mission Ready Mix (defendant) for damages for personal injuries and loss of consortium after James was injured when he fell on a construction site owned and controlled by defendant. Plaintiffs’ complaint alleged that defendant negligently owned, maintained and operated the premises where James was injured, and also alleged that defendant willfully or maliciously failed to guard or warn against a dangerous condition, use, structure or activity on the premises.

Plaintiffs asked for compensatory damages as well as…