Carlson v. The Construction Company

Summary

The South Dakota Supreme Court affirmed a jury verdict for a general contractor in a premises liability action involving sheetrock that fell on an employee's foot at a construction site. The court held that the evidence created a factual dispute regarding negligent storage and that the trial court properly denied a directed verdict. It also held that the plaintiff's proposed instruction concerning compliance with local custom was an incorrect statement of law and that the jury instructions, considered as a whole, were adequate.

Holdings

1. The circuit court properly denied Carlson's motion for a directed verdict because the evidence presented a factual dispute about whether the sheetrock was negligently stored and whether Carlson's actions caused it to fall.
2. The requested instruction was properly rejected because it incorrectly stated that compliance with local custom is not compliance with the reasonable-person standard; the reasonable-person standard is determined from the evidence and is for the jury to decide.
3. South Dakota trial judges have no duty to modify or rewrite a party's substantively incorrect requested jury instruction in a civil case, although minor typographical errors in an otherwise correct instruction should not alone justify refusal.

Questions Presented

1. Whether the circuit court abused its discretion by denying Carlson's motion for a directed verdict on the issue of negligence.
2. Whether the circuit court erred by refusing Carlson's requested instruction that compliance with local custom is not compliance with the reasonable-person standard.
3. Whether the circuit court had a duty to modify or rewrite Carlson's substantively incorrect requested jury instruction.

Disposition

affirmed