Willis v. Westerfield

OPINION

VAIDIK, Judge.

Case Summary

Ann and Jeff Willis (collectively, "the Willises") allege that they should be granted a new trial as to damages on several grounds. Because we find that Christopher Westerfield never conceded liability, we reject the Willises' contention that the trial court erred by allowing the jury to determine fault. Next, we find that the trial court erred by instructing the jury on the affirmative defense of- sudden emer-geney when Westerfield waived this defense by not raising it in his pleadings. We find this error harmless, however, because the jury did not predicate…