Ganser v. Erickson

Peterson, Justice.

Plaintiffs seek damages resulting from injuries plaintiff minor sustained while hunting with defendant. The jury returned a verdict for defendant, and plaintiffs appeal from an order denying their post-trial motion to set aside the jury verdict and for a new trial. The issue is whether the trial court erred in its submission of the defense of assumption of risk.

The facts to which the trial court’s instruction related are simple and essentially undisputed. Martin L. Ganser, Jr., who will be referred to herein as plaintiff, then age 14, and defendant, Gary Erickson, then age…