Thompson v. Weaver

Plaintiff won a verdict for injuries sustained when he helped defendant set a mobile home on foundation blocks by what the jury found to be a negligent procedure. The jury found plaintiff’s injury to be 75 per cent the fault of defendant and 25 per cent plaintiff’s own fault. The trial court entered judgment for defendant notwithstanding the verdict, and plaintiff appeals. The issue is whether the 1975 statute abolishing "implied assumption of the risk,” ORS 18.475, forecloses defendant’s argument that he owed plaintiff no duty of due care under the circumstances. We hold that the statute…