MERVIN v. MAGNEY CONST. CO.

No. C2-86-837.

416 N.W.2d 121 (1987)

Arnold MERVIN, Respondent, v. MAGNEY CONSTRUCTION COMPANY, et al., Petitioners, Appellants.

Supreme Court of Minnesota.

December 11, 1987.


Attorney(s) appearing for the Case

James T. Martin, Edina, for petitioners, appellants.

Howard L. Kaplan, St. Paul, for respondent.

Heard, considered, and decided by the court en banc.


COYNE, Justice.

This action arises out of a personal injury sustained by a government inspector who fell from a ladder at the site of a construction project. The trial court instructed the jury that a contractor's unexcused failure to comply with the provisions of the Corps of Engineers General Safety Requirements Manual, as required by the construction contract, constituted negligence per se. The jury found all parties negligent but that only the negligence of defendants...

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