Donaldson v. Cenac

BENTON, Judge.

Brian Donaldson and Linda Donaldson, his wife, contend that the trial court erred in submitting to the jury the question whether Mr. Donaldson assumed the risk of a back injury he alleged he sustained at Dwight Cenac’s hands. They argue that the jury should have been instructed instead to assess responsibility for the alleged injury in keeping with principles of comparative negligence. We agree, and reverse and remand for a new trial.*

Our supreme court has ruled that, with certain narrow exceptions, even when a person “knows of an open and obvious danger ... assumption of the…