Staffing Specifix, Inc. v. Tempworks Management Services, Inc. Individually and D/b/a Tms Staffing

Summary

The court held that the district court improperly instructed the jury to decide whether the contracts were ambiguous and to determine the parties’ intent while simultaneously construing ambiguities against the drafter. Ambiguity is a legal question for the court, and contra proferentem applies only after extrinsic evidence fails to establish the parties’ intent by a preponderance of the evidence. Because the erroneous instruction may have prejudiced TMS, the court affirmed the remand for a new trial.