Eischen v. Crystal Valley Cooperative

OPINION

SCHELLHAS, Judge.

Appellants argue that the district court erroneously dismissed their negligence claim against respondent on summary judgment based on the court’s application of the primary-assumption-of-risk doctrine. We agree, and we reverse and remand for trial.

FACTS

Appellants Kurt Eischen and JoAnn Eischen (Eischens) sued respondent Crystal Valley Cooperative, alleging that Crystal Valley’s negligence caused Kurt Eis-chen to suffer injuries on July 1, 2010, including pain, disfigurement, and disability, and caused JoAnn Eischen to suffer loss of companionship and society with her…