Ned v. EJ Turner and Co., Inc.

OPINION

ERIC ANDELL, Justice.

A jury found that appellant, Sherman Ned, was contributorily negligent when he was injured in a construction site accident. We are asked to decide if there was more than a scintilla of evidence to support the jury’s finding. We reverse.

Facts

Ned was a construction company heavy laborer whose principal job was to dig ditches. On the day of the accident, his supervisor told him to go help some other workers move a sand blasting machine. The plan was to tilt the sand blaster into a front loader bucket, drive it to the site where it was needed, and unload it there. Ned…