James W. Wyly v. Burlington Industries, Inc.

RONEY, Circuit Judge:

James W. Wyly was a contestant in “the National Lap Sitting Contest” when a chair proved unable to support him and the 14 co-eds who were sitting on his lap. The chair broke. Wyly was injured. He brought suit against Burlington Industries, Inc., which sponsored the contest. The trial court instructed the jury that defendant was liable for the injuries as a matter of law, and plaintiff won a $13,000 verdict.

Holding that the defendant was entitled to have a jury determine whether the plaintiff voluntarily exposed himself to a known and appreciated danger so as to bar his…