Lora v. Maule Industries, Inc.

Plaintiff appeals from a final summary judgment for the defendant, Maulé Industries, Inc.

Plaintiff sued the defendant for damages allegedly caused by its negligence. Defendant answered and alleged, inter alia, the defenses of contributory negligence and assumption of risk. After some discovery the defendant moved for and was granted a summary final judgment. The plaintiff has appealed.

The question on appeal is whether the trial court erred in ruling, and holding, as a matter of law that the plaintiff assumed the risk created by the negligence of the defendant. The trial judge stated “the…