Osborn

Introduction

James P. Osborn and Beverly Osborn (plaintiffs) sued Mission Ready Mix (defendant) for damages for personal injuries and loss of consortium after James was injured when he fell on a construction site owned and controlled by defendant. Plaintiffs’ complaint alleged that defendant negligently owned, maintained and operated the premises where James was injured, and also alleged that defendant willfully or maliciously failed to guard or warn against a dangerous condition, use, structure or activity on the premises.

Plaintiffs asked for compensatory damages as well as for exemplary damages of $100,000.

Defendant answered, denying the allegations of the complaint, and raising various affirmative defenses, including: (1) that plaintiffs’ injuries were proximately caused by their own careless, reckless, negligent or unlawful conduct; (2) that plaintiffs were contributively negligent; and (3) that plaintiffs had knowingly assumed the risk involved.

After a five-day trial, during which defendant took the position that James’s injuries had not occurred on its premises, as well as the position that even if they had, defendant had not been negligent because the…