Lafarge North America, Inc. v. Nord

WOODALL, Justice

(concurring in the result in part and dissenting in part).

Insofar as the majority opinion reverses the trial court’s order denying the defendants’ renewed motion for a judgment as a matter of law with regard to Lawrence Nord’s wantonness claim, I concur in the result, and I, too, would render a judgment for the defendants on that claim. However, because I do not agree that Nord was guilty of contributory negligence as a matter of law, I respectfully dissent from the majority opinion insofar as it renders a judgment in favor of the defendants on the negligence claim. I would reverse the trial court’s judgment as to the negligence *338claim and remand the case for a new trial on that claim.

MALONE, C.J., and MAIN, J., concur.