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Fleishman v. Guadiano – Case Brief Summary (Texas)

In Fleishman v. Guadiano, 651 S.W.2d 730, 731 (Tex. 1983), the proposed instruction told jurors that, in considering a question on defective design, they "shall not consider any evidence of negligence on the part of plaintiff, if any, in climbing the ladder in question on the occasion in question."

The Supreme Court of Texas noted that the jury had been properly given a broad form question on defective design and a definition of defective design. Id.

The court held that the requested instruction was improper because it "would have deflected the jury's attention to the plaintiff's contributory negligence, when it was considering whether the ladder was defectively designed." Id.