Erdman v. Condaire, Inc.

I respectfully dissent from the majority opinion and find that there was substantial evidence to support the submission of negligence against Condaire and Sachs. While I would agree with the majority’s discussion of the holdings in Killian, Mino, and Williamson, supra, I respectfully disagree with the majority’s application of those cases to the instant cause. While I disagree with the majority on this, I would find the trial court committed reversible error in submitting Erdman’s verdict directing instruction in that the instruction fails to state a necessary element of his claim for…