Onderko v. Richmond Manufacturing Co.

The first question raised by this appeal is whether the trial court erred in instructing the jury that if it finds that appellee had assumed the risk of his injury, the jury should proceed to apply comparative negligence principles to determine the proportionate fault of each of the parties, and render a general verdict for appellee if his share of the responsibility is found to be fifty percent or less. We find that this was error and, accordingly, we reverse and remand for a new trial.

The pertinent portion of the trial court’s instructions to the jury reads:

“* * * What is an assumption of…