Where a defendant in a trip-and-fall case challenged the submission of a jury instruction, the defendant did not show that the instruction misstated the law, and the instruction was supported by substantial evidence, and the judgment is affirmed since the trial court also did not err in failing to instruct in the disjunctive as the defendant never proffered such and instruction and the court did not have a duty to draft a proper instruction on his behalf.
Judgment is affirmed.
Rhodes v. Kandlbinder, Inc. (MLW No. 72003/Case No. ED106104 – 12 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.) Appealed from circuit court, Franklin County, Wood, J. (Richard I. Woolf for appellant) (Kurt Joseph Larson for respondent).