Cremeans v. Willmar Henderson Manufacturing Co.

I dissent from the unsound and erratic decision reached in this case because I believe that the lead opinion’s exhaustive analysis of the historical underpinnings of the defense of assumption of risk in the employer-employee relationship is entirely misplaced and it only serves to confase the only issue which is properly before this court. That issue concerns a manufacturer’s use of the defense of assumption of risk in a case where an employee charges the manufacturer with strict liability in tort. Since this court has never held that economic necessity can nullify an employer’s use of the…