Shehata v. Edward Rose Development Co., L.L.C.

By Judge David E. Johnson

The matter of Safwat Shehata v. Edward Rose Devel. Co., L.L.C., came before the Court for trial by jury on October 7, 2015. During consideration of jury instructions, Rose Development proffered to the Court instructions regarding the assumption of the risk. Rose Development’s proposed Instruction “U” read as follows:

If you find by the greater weight of the evidence that the plaintiff fully understood the nature and extent of a known danger, and if he voluntarily exposed himself to it, he assumed the risk of injuring himself from that danger. The plaintiff cannot…