Vandeveere-Pratt v. Portland Habilitation Center, Inc.

Plaintiff appeals a judgment for defendant in this slip and fall case, assigning error to the trial court’s failure to give one instruction to the jury and its decision to give another. We hold that the trial court erred in failing to give the first instruction and that the second instruction was potentially misleading; we therefore reverse the trial court’s judgment.

We state the facts in the light most favorable to the giving of the challenged instructions. See Hernandez v. Barbo Machinery Co., 327 Or 99, 101 n 1, 957 P2d 147 (1998). Defendant has a contract to provide janitorial services…