Wever v. Hicks

In a personal-injury action arising out of an automobile accident, when may the defendant-driver properly assert the defense of assumption of risk against the plaintiff-passenger who asserts wilful and wanton misconduct on the part of the defendant-driver?

Plaintiff argues (1) that the defense of assumption of the risk is not conceptually different from the defense of contributory negligence, (2) that contributory negligence is not a defense where wilful and wanton misconduct on the part of the defendant is proved, and (3) that, therefore, assumption of the risk should likewise not be a…