Thoma v. Kettler Bros., Inc.

I agree with the analyses and conclusions of Judge Farrell in parts I. through III. of the majority opinion. Although I concur in Judge Farrell’s affirmance of the trial court’s judgment in parts IV. and V., I cannot conclude that the trial court committed “harmless error” by essentially failing to give a jury instruction that appellants did not request. Moreover, on appeal, appellants do not argue that the trial court failed to give the correct instruction. Rather, appellants maintain their entitlement to the erroneous instruction that they requested in the trial court. Thus, under these…