Anderson v. Ceccardi

I

On cross-appeal, Anderson argues that the doctrine of implied assumption of risk should be merged with contributory negligence for the purposes of apportionment of fault under R.C. 2315.19, the comparative negligence statute.1 It is the cross-appellant’s contention that since the comparative *112negligence statute is silent with respect to assumption of risk, and that since implied assumption of risk is indistinguishable from contributory negligence, the doctrine of assumption of risk should be recognized as a phase of contributory negligence under R.C. 2315.19.

In response, cross-appellee…