Leo Gleason v. Brian And Liza Cohen

¶1 Leo Timothy Gleason was injured by a falling tree while helping Brian Cohen cut down trees on Cohen’s property. The trial court granted Cohen’s motion for summary judgment, ruling that Gleason’s claim was barred by the doctrine of “implied primary” assumption of risk because he was aware of the risk that the particular tree he was cutting down could fall on him. Gleason appeals, arguing that the trial court improperly applied implied primary assumption of risk to bar his claim. Gleason argues that “implied unreasonable” assumption of risk, which does not operate as a complete bar to…