Gail v. Clark

LAVORATO, Justice.

In this personal injury action the district court entered judgment, based on a jury’s verdict, against the defendant, Western Convenience Stores (Western). Western now appeals and raises a number of issues for our consideration. Western asserts the district court erred in overruling its various pretrial and in-course-of-trial motions predicated on the fireman’s rule and the assumption of risk defense. Western also asserts the court erred in submitting loss of consortium claims, in failing to give a requested perjury instruction, in refusing to allow settlement evidence, and…