Kafel v. Republic Steel Corp.

Republic asserts that it is entitled to final judgment in its favor as a matter of law on the basis (1) that it had not been shown to have been negligent, and (2) that, in any event, plaintiff was (a) negligent as a matter of law and (b) assumed the risk of injury as a matter of law. With these assertions we do not agree.

Alternatively, Republic asserts that it is entitled to a new trial based on the refusal of the trial court, upon proper request, to submit to the jury for its determination *57the issue of assumption of risk. We conclude (1) that assumption of risk is available as a defense in…