Gray

Robert F. Gray appeals a defense judgment in a jury-tried personal injury action claiming the court erred when reinstructing the jury at its request.

Gray was injured when, after dining at defendants’ restaurant, he sprinted in the rain toward his car in the restaurant parking lot and tripped over a wood brace holding a log wheel stop erected by defendants to prevent cars from running into the restaurant building.

The jury was fully and fairly instructed on all elements of the case. Gray does not contend otherwise. During deliberations, the jury foreman requested “a repeat of the definitions of contributory negligence and its effect upon negligence.” Complying with the jury’s request the court repeated its instructions concerning definition of negligence (BAJI 101), definition of ordinary care (BAJI 102), variation in amount of caution (BAJI 102A), definition of contributory negligence and its effect (BAJI 103.1), prohibition against comparison of negligence (BAJI 136) and the issues to be determined where contributory negligence may be involved (BAJI 113).

Gray asked the trial court to reinstruct on the duty owed an invitee by the owner or occupier of premises (BAJI 213C). He…