United Scaffolding, Inc. v. Levine

In this slip-and-fall case, the Supreme Court reversed the judgment of the court of appeals affirming the trial court’s judgment in favor of Plaintiff and rendered a take-nothing judgment in favor of Defendant. The court held (1) Plaintiff’s claim submitted to the jury under a general-negligence theory of recovery was properly characterized as one for premises liability, and Plaintiff’s failure to request or secure findings to support his premises liability claim could not support a recovery; and (2) Defendant was under no obligation to object to Plaintiff’s submission of an improper theory of recovery, and Defendant preserved its improper theory argument by raising it in a motion for judgment notwithstanding the verdict. View "United Scaffolding, Inc. v. Levine" on Justia Law