Springrose v. Willmore

Peterson, Justice.

The central issue for determination is whether the judicially-created doctrine of implied assumption of risk, as an absolute defense separate from contributory negligence, should be abolished. It arises out of an injury to a teen-age passenger in an automobile negligently operated by its teen-age driver — the claim of the injured passenger and her father against the driver and owner of the automobile having been denied solely on the ground that the passenger had assumed the risk of injury.

Assumption of risk has been conceptually distinguished according to its primary or…