VanCollom v. Johnson

In this negligence case, the plaintiff was burned severely as she removed a flaming frying pan from a dwelling. The central issue is whether the doctrine of assumption of the risk is applicable under the circumstances.

The facts are undisputed. On Sunday, September 30, 1979, appellee Dorothy C. Johnson, age 62 and the plaintiff below, was the weekend visitor at the Portsmouth home of her sister. The plaintiffs mother, appellant Ruby VanCollom, resided there. About 11:00 a.m. on that day, the mother, age 82 and the defendant below, was preparing a meal for the family. Intending to cook potatoes…