Cahill v. Waugh

BRIGHTMIRE, Judge.

Was it error to withdraw from jury consideration one of plaintiffs’ theories of recovery for injury sustained while leaving defendant’s restaurant when hit by a missile shot from a lawn mower operated by defendant’s yard man? We hold it was and reverse.

I

One day during the summer of 1983, plaintiff Augustine Cahill and a co-worker were breakfast guests at a restaurant called The Pancake Place, owned and operated by defendant Tom Waugh in Tulsa, Oklahoma. They finished eating, paid for the meal, and had just passed through the entrance of the cafe when suddenly plaintiff’s leg…