Hildebrand v. Minyard

HOWARD, Judge.

Appellant, plaintiff below, appeals from an adverse jury verdict. The issue in this case revolves around the trial court’s giving of an instruction on assumption of risk which appellant claims was unwarranted by the evidence.

Plaintiff’s decedent, George Hildebrand, was killed on January 8, 1968, while working on a Michigan loader that he had parked between two buildings within the Herseth Packing Company yard. The decedent was crushed by the left front wheel of the loader as the result of the loader being struck by a tractor which was pulling two trailers filled with fertilizer…