Simmons v. Porter

The opinion of the court was delivered by

Biles, J.:

Adam Simmons was seriously injured in a gasoline fire while at work. Pie sued his employer for negligently failing to provide him with a reasonably safe workplace. The district court denied his claim based on the common-law assumption of risk doctrine, which can bar recovery when an employee who knows of a dangerous situation voluntarily exposes himself or herself to that danger. The Court of Appeals affirmed based on existing precedent. Simmons v. Porter, 45 Kan. App. 2d 177, 182-83, 245 P.3d 1091 (2011). Simmons argues we should abandon…