Rusciano v. State Farm Mutual Automobile Insurance Co.

OPINION

CRIPPEN, Judge.

Respondent Mark Rusciano brought suit against appellant State Farm Mutual Automobile Insurance Company for underin-sured motorist benefits. Appellant argued that respondent’s underlying negligence claim was barred by his primary assumption of risk, or by his comparative fault. The trial court refused to submit the question of primary assumption of risk to the jury. Additionally, the court excluded certain testimony concerning a past act of respondent. The jury found the tortfeasor 80 percent negligent and respondent 20 percent negligent. State Farm appeals the denial of…