Martinello v. B & P USA, Inc.

I concur with the majority’s reversal for a new trial on the father’s claim. However, I would also reverse for a new trial on the minor’s claim because of the trial court’s failure to charge the jury on the doctrine of attractive nuisance, the theory of liability that the appellants pleaded and attempted to prove against the appellee.

This is an attractive nuisance case involving a child’s injury at a construction site in his neighborhood. At trial the appellee admitted that it was negligent in not better protecting the site from people such as the child here. The appellee admitted that it…