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Kremer v. Blissard Management & Realty, Inc.
Citations: 289 Ark. 419; 711 S.W.2d 813; 1986 Ark. LEXIS 2004Docket: 86-85
Court: Supreme Court of Arkansas; July 7, 1986; Arkansas; State Supreme Court
A personal injury suit was brought by Bettye Kremer against Blissard Management Realty, stemming from her fall outside the condominium she was renting from Joan Palmer, who had contracted Blissard for property management. Kremer claimed her fall was due to Blissard's negligence in failing to replace a reported burned-out light bulb. Although the case was framed as negligence, it was presented to the jury as a breach of oral contract, resulting in a verdict for Blissard. The appeal, categorized as a second appeal, focused on two main issues. First, during Dwight Blissard, Jr.'s testimony, the court admitted two contracts into evidence but did not allow counsel to read specific paragraphs from them to the jury, asserting that legal questions should be determined by the court and factual questions by the jury. The court maintained that there was no error or prejudice in this approach. Second, the plaintiffs requested jury instructions that would allow them to interpret the management agreement as it pertained to Kremer's status as a third-party beneficiary, including definitions and interpretations of contract terms. The court denied these requests, reinforcing that contract interpretation is a legal question for the court unless it involves disputed extrinsic evidence. The court indicated that it would clarify the legal significance of the management agreement as necessary but emphasized that jurors are not equipped to determine legal duties from contracts. Consequently, the trial court's rulings were affirmed.