Struble v. Valley Forge Military Academy

McGOVERN, J.,

Defendant appeals from the judgment entered upon the jury’s verdict in favor of plaintiff in the above-captioned matter. The appeal focuses solely upon the issue of whether the court should have instructed this jury concerning the doctrine of “assumption of the risk.”

Plaintiff, Stanley Struble III, a student at the Valley Forge Military Academy, was preparing to fire a ceremonial cannon on the parade grounds April 7,1991 when the cannon discharged, seriously injuring his right leg. Plaintiff, who was one of several students assigned the responsibility of caring for and firing…