Patterson Enterprises, Inc. v. Johnson

¶1 Patterson Enterprises, Inc. (Patterson) appeals the judgment of the District Court for the Fourth Judicial District, Missoula County, denying Patterson’s motion for summaryjudgment on its strict liability claim. We affirm.

¶2 Patterson raises two issues on appeal:

¶3 1. Whether the District Court erred when it permitted the defense of assumption of the risk to go to the jury.

¶4 2. If this Court determines it was proper to instruct the jury regarding assumption of the risk, whether the District Court abused its discretion in failing to instruct the jury regarding the subjective knowledge…