Winslow v. Hammer

This case involves an appeal by the plaintiff, Marvin Winslow, from a jury verdict which found that Marvin was not entitled to damages in his negligence action against the defendants, Chad D. Hammer and John Hammer. Marvin argues that the trial court erred in overruling Marvin’s motion for directed verdict as to Chad Hammer’s negligence and that the trial court should not have instructed the jury on the defenses of joint enterprise, assumption of risk, and contributory negligence. For the reasons stated below, we reverse the jury’s verdict and remand the cause for a new trial.

I. FACTUAL…