DOMAGALA v. Rolland

OPINION

CONNOLLY, Judge.

On appeal from the district court’s denial of a motion for a new trial, appellant argues that the district court erred when it (1) concluded there was no duty to warn appellant as a matter of law, and (2) improperly used “negative” jury instructions, which unduly emphasized respondents’ case and confused the jury. Because the district court correctly concluded there was no special relationship giving rise to a duty to warn, we affirm in part. But because the district court abused its discretion by giving the negative instructions, which confounded the standard of care…