Fowler v. Medical Arts Bldg.

I dissent. The parties are referred to as they appeared in the court below.

A study of the pleadings, requests for instructions, and instructions given by the court convinces me that the trial judge not only erroneously instructed the jury, but further, that he intended to give one important instruction which, through inadvertance or mistake, he failed to include in his charge. In view of the incomplete charge to the jury, the prevailing members of this court have upheld a verdict that appears to me to be founded on confused and fatally deficient instructions.

This opinion will not establish…