Goepfert v. Filler

KONENKAMP, Justice.

[¶ 1] Michael Goepfert lost his life shortly after he jumped from a moving car. His parents sued the driver and others, and the circuit court granted summary judgment for the driver. Ordinarily, assumption of the risk is a question of fact for a jury, but under these circumstances, can it be decided as a matter of law? Because he voluntarily alighted from a moving vehicle without warning, we conclude Goepfert assumed the risk, and thus we uphold the summary judgment.

Facts

[¶ 2] On Friday evening, October 29, 1993, several friends, including Chris Stethem and Michael…