Muehlenbeck v. Fitchett

Appellants contend that the trial court should have held as a matter of law that plaintiff assumed the risk of the negligence of Robinson in respect to parking his automobile partly on the roadway, or in the alternative, that the verdict should have included a question inquiring whether plaintiff had assumed such risk.

The elements required to establish assumption of risk are:

“(1) A hazard or danger inconsistent with the safety of the guest; (2) knowledge and appreciation of the hazard by the guest; and (3) acquiescence or a willingness to proceed in the face of the danger.” Egan v. Wege, 260…