Lunsford v. Tucson Aviation Corp.

UDALL, Chief Justice.

This appeal is by the plaintiff, Donald E. Lunsford, Jr., from a judgment of the lower court, entered upon the verdict, denying him compensatory damages for the alleged negligence of the defendants-appellees, Tucson Aviation Corporation, Paul W. Sullivan, as co-owner and general manager of the corporation, and Alexander B. Padilla, a flight instructor. The question presented is -whether the doctrine of assumption of risk is applicable under the circumstances of this unique case?

Plaintiff was a student enrolled under the Servicemen’s Readjustment Act of 1944, 38 U.S.C.A. §…