Woodall v. Chandler Material Co.

MEMORANDUM OPINION

SUMMERS, Justice.

Plaintiff’s brother worked for the defendant company which operated an aggregate processing plant. While visiting his brother plaintiff accompanied him into the kiln area where the brother was needed for business reasons. On the way and while passing through a darkened room the plaintiff walked off into an unguarded 14 foot deep pit, and was seriously injured.

One of the company’s defenses was that plaintiff was a trespasser, which plaintiff controverted. The trial court properly submitted that issue to the jury with instructions defining invitees, licensees,…