A personal injury action arising from a fall sustained by the plaintiff while hunting in a deer blind on the defendants' rural property.
The plaintiff initially pleaded that the defendant Todd Drain was an occupier under the Occupiers' Liability Act but withdrew this allegation on the first day of trial.
The court determined that the withdrawal of the occupier allegation eliminated most claims against Todd Drain, leaving only a claim based on alleged misfeasance—specifically, that Todd Drain removed an artificial turf carpet from the deer blind floor, causing it to become wet and slippery.
The jury found that the artificial turf was present on the date of the accident, thereby dismissing the action against Todd Drain.
The decision addresses the interplay between the Occupiers' Liability Act and common law negligence, the proper formulation of jury questions, and the consequences of withdrawing pleadings mid-trial.
