Wagner v. Thomas J. Obert Enterprises

I respectfully dissent and would affirm the jury verdict and the trial court eviden-tiary rulings.

Primary Assumption of Risk

I believe a jury instruction on primary assumption of risk was appropriate under the facts of this case.

The doctrine of primary assumption of risk is a viable one, and in many cases is a matter for the trial court to resolve. See, e.g., Swagger v. City of Crystal, 379 N.W.2d 183 (Minn.Ct.App.1985), pet. for rev. denied, (Minn. Feb. 19, 1986) (this court affirmed the trial court’s judgment notwithstanding the verdict against the plaintiff on the basis of primary…