Swindell v. J. A. Tobin Construction Co.

I dissent from the majority opinion and from the concurring opinion of Judge Pritchard which erroneously find a perceived instruction error to require a new trial and from the majority and concurring opinions of Judges Pritchard and Shangler which fail to acknowledge that the instruction issue is moot because plaintiff made no submissible case of liability. I would affirm the jury verdict for defendants and enter judgment thereon.

Additional facts, essentially undisputed but not fully recounted in the majority and concurring opinions, need be set out because of their relevance to the issue of…