Love v. Brumley

This is a personal-injury construction-site negligence action by the employee of a general contractor against a subcontractor. The principal issue on appeal is the application of the doctrine of assumption of risk. This was raised by the defendant as an affirmative defense in his answer. The trial court denied repeated motions to strike that defense.

This case was tried in April 1964, with instructions to the jury that if they found that plaintiff Earl Love was warned of the condition of the wall, then the jury could find that Earl Love had as sumed the risk of walking on that wall. The jury…