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Case Law Update: Personal Injury Negligence Found by Jury

Lazenby v. Mark’s Construction, Inc., No. 107192, presented the question as to whether the trial court properly denied plaintiff’s motion for judgment n.o.v. in action seeking recovery for injuries sustained while plaintiff-firefighter was responding to fire on defendants’ construction project. While plaintiff argued that defendant had admitted negligence by failing to barricade floor opening, Appellate Court, in affirming trial court’s denial of plaintiff’s motion, found that matter was properly resolved by jury where record contained conflict as to proximate cause of plaintiff’s injuries, as well as allegations of negligence asserted by each party against others as to cause of plaintiff’s injuries. This case will have a great impact on personal injury cases.