Court of Appeals of Missouri, Western District, Third Division
FROM THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI THE
HONORABLE CHARLES H. MCKENZIE, JUDGE.
Before: Anthony Rex Gabbert, Presiding Judge, Victor C.
Howard, Judge and Cynthia L. Martin, Judge.
C. HOWARD, JUDGE.
Wilson appeals from the judgment in favor of the defendant,
KAL Motel, Inc., following a jury trial on her negligence
claim against the motel. In her sole point on appeal, she
contends that the trial court erred in instructing the jury
on the proper standard of care. The judgment is affirmed.
filed a negligence suit against KAL Motel alleging that while
an invitee spending the night on property controlled by the
defendant, she was injured when she was bitten by a brown
recluse spider and incurred medical expenses, disfigurement,
and impairment. Wilson alleged, inter alia, that the
defendant failed to implement safety rules for conditions of
which it knew or "in the exercise of ordinary care
should have known" and "failed to use ordinary care
to reduce or eliminate an unreasonable risk of harm created
by premises condition which it knew about or in the exercise
of ordinary care should have known about."
trial, the court gave the following verdict directing
instruction (No. 6) patterned after MAI 22.05 (Tenant Injured
on Premises Reserved for Common Use):
verdict must be for plaintiff if you believe:
First, there were brown recluse spiders in the Crown Lodge
Motel rooms and as a result the motel rooms were not
reasonably safe, and
Second, defendant knew, or by using ordinary care could have
known, of this condition, and
Third, defendant failed to use ordinary care by not
performing adequate pest control measures to address brown
recluse spiders in the Crown Lodge Motel rooms, and
Fourth, as a direct result of such failure, plaintiff
gave Instruction No. 7 patterned after MAI 11.05 (Ordinary
The phrase "ordinary care" as used in these
instructions means that degree of care that an ordinarily
careful person would use under the same or similar
court refused Wilson's Instruction A, which substituted
the phrase "the highest degree of care" for the
phrase "ordinary care" in the verdict director. It
also refused her Instruction B, patterned after MAI ...