Wentz Ex Rel. Wentz v. Deseth

VOGEL, Judge.

The plaintiff, Wentz, has appealed from an order denying his motion for judgment notwithstanding the verdict or in the alternative for a new trial. He alleges that the evidence is insufficient to sustain a verdict of dismissal of his complaint and that the trial court erred in instructing the jury on the defense of assumption of risk.

Wentz brings the action against his eighth-grade teacher, Deseth, for burns suffered while in school, during a candle-making project supervised by Deseth. De-seth left the schoolroom during a study period and the students were unsupervised for a…