Barrett v. Fritz

Plaintiff, Jamee H. Barrett, sued for personal injuries sustained on a golf course when struck by a ball hit by defendant Edward Fritz. In that negligence action the circuit court of Cook County instructed the jury on assumption of risk, and entered judgment on the jury verdict in favor of defendant. The appellate court, on plaintiff’s appeal, reversed and remanded the cause for a new trial (98 Ill. App. 2d 75), and we granted defendant leave to appeal.

The issues are whether the defense of assumption of risk is available in a negligence action where there is no employment or contractual…