Teal V. De Nemours

Richard and Tina Teal (plaintiffs-appellants) brought this diversity action against E.I. DuPont deNemours and Company (defendant-appellee) to recover for injuries sustained as a consequence of an accident that occurred at DuPont's plant in Old Hickory, Tennessee.*fn1 At the conclusion of a five day jury trial, a verdict was returned in favor of DuPont. On appeal, appellants raise two issues which merit discussion.*fn2 First, appellants claim that the trial court erred by instructing the jury that a landowner owes no duty to invitees to furnish protection against hazards on the landowner's premises. Second, appellants assert that the trial court erred by refusing to instruct the jury on the issue of negligence per se. Although the instruction concerning a landowner's duty to invitees is ambiguous, we conclude that such ambiguity is harmless. We hold, however, that the court's refusal to instruct the jury on the issue of negligence per se was improper and prejudicial. Accordingly, this case is affirmed in part, reversed in part and remanded for a trial solely on the issue of negligence per se.