McLaughlin v. Hahn

HAROLD L. LOWENSTEIN, Judge.

Mack and Joyce Hahn (“Defendants”) appeal the judgment entered in a personal injury suit brought by a customer at their garage sale. The jury assessed Defendants 46% fault for the damages sustained by a Jeannine McLaughlin (“Plaintiff’) when she tripped over a rolled carpet in Defendants’ driveway. This court finds that the trial court erred in preparing and submitting a converse instruction to the jury. The case is reversed and remanded.

Facts

Plaintiff and her daughter were customers at a garage sale held at Defendants’ home in August 1999. A partially unrolled…