Veverka v. Metropolitan Casualty Insurance

Plaintiffs’ contention that the special verdict should inquire whether Donna Mae assumed the risk of the manner in which Cross operated his automobile is immaterial for two reasons: First, that the court so held as a matter of law when plaintiffs so moved after verdict; second, because Cross is not a party to the action, and any answer to the question is irrelevant to the issues. In Scory v. LaFave (1934), 215 Wis. 21, 254 N. W. 643, we held that an assumption by plaintiff of risks due to the host’s negligence does not bar a recovery from another tort-feasor for the results of his negligent…