Austin v. Cockings

SIMMS, Justice:

Defendants Ronald W. Cockings and Bonnie H. Cockings appeal the trial court’s order granting the motion for new trial urged by William R. Austin, plaintiff, after the jury returned a verdict for the defendant Cook-ings in Austin’s action for contribution. The new trial motion was granted on the grounds that Austin did not receive a fair trial because of erroneous instructions given to the jury.

The Court of Appeals concluded the error was invited by Austin when he submitted requested jury instructions substantially similar to those given by the trial court. However, the issue of…