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[T] McCloy v. Leisure Lake2/12/2003
eadily available in the uniform instructions, and I went with the more specific instructions than the more general instructions on keeping your property reasonably safe for invitees, and so that's why I did it, and so I thought it was unnecessary to go back to the general instruction, and so that objection should be overruled.
We find no error in giving the uniform instructions on sidewalk liability in this case.
Finally, Leisure Lake requested an instruction regarding the law of safe alternative route. The district court determined this instruction would be confusing, and the subject was already covered in other instructions. The subject was included in Instruction No. 15, which stated in part, "In this case Defendant, Leisure Lake, Inc., claims that Plaintiff, Suzanne M. McCloy, unreasonably failed to take action to avoid an injury because she failed to avoid an open and obvious danger or to take a safe alternative route." Instruction No. 19 also listed "failed to take a safe alternative route," as one type of contributory negligence. We consider all of the instructions together, not piecemeal or in artificial isolation. State v. Simpson, 528 N.W.2d 627, 632 (Iowa 1995). We determine the issue of safe alternative route was adequately covered in the instructions which were given to the jury. Leisure Lake has failed to show it was prejudiced because this subject was not covered in a separate instruction.
We affirm the decision of the district court.
AFFIRMED.
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