Parness v. Economics Laboratory, Inc.

Rogosheske, Justice.

These appeals by plaintiffs question the propriety and form of, and the evidentiary justification for, the trial court’s submission of the issues of contributory negligence and assumption of risk to the jury as separate and distinct defenses in a personal injury action.

Plaintiff Gertrude Parness suffered a fractured hip when she slipped and fell on a floor covered with soapy water in the kitchen of a cafe in which she was employed. In this action she sought damages and her husband, plaintiff Samuel Parness, sought consequential damages against defendant, who supplied the…