ADM Partnership v. Martin

BELL, Chief Judge.

The issue this case presents is whether the “voluntariness” element of the assumption of risk defense is met when an employee encounters a known risk while performing a responsibility of her employment, but, nevertheless, based solely on her subjective belief that the failure to fulfill that responsibility may result in adverse economic consequences to her employer and ultimately to herself, proceeds to confront the risk, sustaining, in the process, serious bodily injury. We shall answer in the affirmative.

In the case sub judice, Keen Tykenko Martin (Martin) and American…