Muylaert v. Erickson

Plaintiff-husband was injured when he fell from a ladder owned by defendant while helping to paint defendant’s house. A jury awarded damages to plaintiffs, husband and wife, and defendant appeals. Defendant contends that there was no showing of a breach of duty on which to predicate an action in negligence and that reversal is required because of prejudice on the part of one of the jurors. “Plaintiff” hereafter refers only to the husband.

Defendant had the duty to exercise ordinary care and prudence to render the premises reasonably safe for plaintiff’s visit. Genesee Merchants Bank & Trust…