Lascheid v. City of Kennewick

¶1 The assignments of error here generate two essential questions. The first is whether the trial judge should have decided as a matter of law that the plaintiff police officer assumed the risk of the injuries he sustained while attempting to negotiate a high speed obstacle course. We agree with the trial judge that this was a question of fact for a jury. The second question is how the jury’s damage award should be calculated. Specifically, should the Department of Labor and Industries’ lien be deducted before or after the plaintiff’s comparative fault was assessed? Again, we agree with the…