Leyendecker v. Cousins

—William Leyendecker appeals a summary judgment granted to Curtis Cousins, et al, and an order awarding certain costs to the defendants. Leyendecker contends that the trial court erred (1) in granting summary judgment for the defendants under the assumption of risk doctrine; and (2) in assessing costs of discovery depositions as taxable costs. We reverse both judgment and order and remand for trial.

Guy Blevins, the purchaser of stumpage rights to wood on ITT Rayonier land, hired Leyendecker, a logger, to work as a cutter in a cedar salvage operation. Leyendecker's duties included cutting…