Sinai v. Polinger Co.

Appellants raise objections to, among other things, the trial court’s instructions on assumption of the risk and contributory negligence. It is well settled that appellants bear the burden of affirmatively establishing prejudicial error. Goldstein v. Kennedy, 134 A.2d 580, 581 (D.C.1957); D.C.Code § 11-721(e) (1981). In this case, however, the Sinais are unable to demonstrate prejudice, assuming error, as the jury returned a general verdict. Despite this, the majority assumes the jury did reach the questions of contributory negligence and assumption of the risk. It then goes to great lengths…