Battin v. Temple

BROWN, J.,

This opinion is written in support of this court’s order of January 10, 1997. Defendants Floyd and Shirley Temple1 raise three issues in their statement of matters complained of on appeal:

*511(1) The court erred in not finding that plaintiff Gene L. Battin assumed the risk of his injuries as a matter of law.(2) The court erred in not instructing and/or charging the jury on the law and/or doctrine of assumption of the risk.(3) The court erred in its calculation of the delay damages awarded to plaintiff.

The court will address these issues in the order presented by the defendants.

ASSUMPTION…