McConville v. State Farm Mutual Automobile Insurance

The verdict in the instant case was rendered December 2, 1960. No objection was made to the submission of the issue of assumption of risk. On January 10, 1961, our decision and concurring opinions were announced in Baird v. Cornelius. Two justices stated that acts of implied acquiescence of an automobile guest in the negligent acts of the host-driver, which evince a disregard by the guest for his safety, constitute negligence and properly should be subject to the comparative-negligence statute. Three other justices indicated that the question of assumption of risk should be re-examined.

Thereaf…