King v. Anglin

Phipps, Judge.

Charles N. King IV appeals the judgment for the defendants in his negligence suit against John Anglin and Baytree Marketing Services, Inc. The issue is whether the evidence supported the court’s charge on assumption of the risk. We find that it did not, and therefore, we reverse.

In March 1992, King visited John and Sheila Anglin at a farm outside London, Kentucky. The morning after King’s arrival, King and John Anglin undertook to clean a horse run-in shed in a barn. The shed was similar to but larger than a normal horse stall. It was open at one end and allowed horses to enter…