Error of Mode of Operation charge only appropriate in narrow circumstances of self-service.

A daily golfer at a club suffered severe injuries when he tripped over a chunk of concrete that remained after a sign was removed. Testimony demonstrated the general manager’s knowledge of the condition and that it needed to be addressed. Although the appellate court agreed that the Mode of Operation charge should not have been given by the trial court, the error was not clearly capable of producing an unjust result.

_{Case Law Alerts, 2^nd Quarter, April 1, 2016}

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