Fowler v. Park Corp.

Appellant’s principal contention, in my opinion dispositive of this appeal, is the charge that the trial court erroneously instructed the jury with respect to the degree of care enjoined on defendant by M.A.I. 11.02 II given as Instruction No. 3.

This instruction told the jury that the defendant owed plaintiff the highest duty of care — the duty of care that “a very careful and prudent person” would use in the circumstances of this case. The principal opinion (Section III) acknowledges that the court should have given M.A.I. 11.02 I to tell the jury that the defendant owed plaintiff the…