Alvin Glay, trustee for the next of kin of Unity McGill, Respondent/Cross-Appellant v. R.C. of St. Cloud, Inc., ...

Syllabus

1. Respondent/cross-appellant, who is challenging the jury instructions on appeal, did not invite error in the district court's jury instructions. 2. To avoid confusing and misleading the jury in an innkeeper negligence case, a jury should not be instructed on superseding intervening cause when the conduct that an innkeeper claims is a superseding intervening cause is the same conduct that must be foreseeable to the innkeeper to establish the innkeeper's negligence. 3. Because the jury instructions were likely to confuse and mislead the jury and the resulting error was prejudicial under the circumstances of this case, a new trial is required. Affirmed.