Smedberg v. Simons

GORDON, Justice:

This is an appeal from a judgment for defendants-appellees and from a denial of plaintiff-appellant’s motion for a new trial in an action to recover damages for personal injuries. We take jurisdiction pursuant to Rule 19(e), 17A A.R.S. Rules of Civil Appellate Procedure, and affirm.

It is appellant’s position that the trial court erred in its instructions to the jury on the law of open and obvious conditions and erred in refusing to give appellant’s requested instructions relative to open and obvious conditions. The facts necessary to a resolution of the matter, viewed in the…