Lyons v. Redding Construction Co.

Danny Lyons has petitioned the Supreme Court to review a decision of the Court of Appeals affirming a jury instruction of the Franklin County Superior Court applying the maxim volenti non fit injuria in a personal injury action.

Danny Lyons, an electrician, was employed by an electrical subcontractor on a construction site in Connell, Washington. On December 9, 1969, Lyons was standing on or near a foundation footing observing the work of a “cater pillar” tractor of respondent-prime contractor spreading gravel with its front blade. A foreman of respondent operating the tractor was smoothing…