they both allowed burning on the job site and the fire safety codes prohibited all fires on construction site premises. The 1978 version of the BOCA National Building Code, which was the Jefferson County building code at the time of the fire, also prohibited burning on construction sites. Section 1318.9 of this code states:
Housekeeping: Rubbish and trash shall not be allowed to accumulate on the site and shall be removed as fast as conditions warrant; combustible rubbish shall be removed daily, and shall not be disposed of by burning on the premises or in the immediate vicinity, and the entire premises and area adjoining and around the operation shall be kept in a safe and sanitary condition and free of accumulation of trash, rubbish, nuts, bolts, small toolsand other equipment.
However, Buxton stated the fires Holley burned on the premises had nothing to do with the fire which destroyed the building.
During a hearing on Holley's motion for a directed verdict, the trial court found as a matter of law that Holley was not the general contractor of the building project. The trial court then granted Holley's motion for a directed verdict. Jones now appeals.
In his sole point on appeal, Jones alleges the trial court erred in directing a verdict in favor of Holley because the evidence, viewed in the light most favorable to Jones, was sufficient to make a submissible case against Holley for negligence.
In reviewing a grant of a directed verdict in favor of a defendant, we view the evidence and permissible inferences in the