Westover v. East River Electric Power Cooperative, Inc.

GILBERTSON, Circuit Judge.

INTRODUCTION

In this action, plaintiffs sought to recover from the defendant for personal injuries sustained by plaintiff, Mark Westover, and loss of consortium sustained by his wife, Roxann Westover. The defendant appeals from a unanimous jury verdict for the plaintiffs. We affirm.

ISSUES PRESENTED

I

WAS THE PLAINTIFF, MARK WEST-OVER, CONTRIBUTORIALLY NEGLIGENT MORE THAN SLIGHT AS A MATTER OF LAW?

II

DID THE PLAINTIFF, MARK WEST-OVER, ASSUME THE RISK OF HIS INJURY AS A MATTER OF LAW?

FACTS

The plaintiff 1 is a journeyman linemen who was injured on November 1, 1988, when he…