Vaughn v. Pleasent

Sears, Justice.

We granted certiorari in this personal injury case in order to consider whether the evidence presented at trial was sufficient to warrant a jury instruction regarding the assumption of the risk doctrine. Our review of the trial record reveals that there was no evidence introduced that the plaintiff had actual knowledge of the dangerous situation that resulted in his injury, and an appreciation of the risks associated with that dangerous situation. Therefore, we find that the trial court erred by instructing the jury on assumption of the risk, as did the Court of Appeals in…