Dorr v. Big Creek Wood Products, Inc.

In this appeal of a judgment for injuries sustained at an active logging site by a licensee, the defendant claims the trial court should have instructed the jury on implied primary assumption of the risk. Notwithstanding the adoption of comparative negligence, implied primary assumption of risk by a plaintiff remains as a defense distinct from contributory negligence. But there must be implied consent by the plaintiff to excuse the defendant from a particular duty owed, the breach of which caused the injuries. In view of the lack of such consent here, we affirm.

The plaintiff, Michael Dorr, is…