Prescott v. Erwin

In this case the court entered a summary judgment in favor of the defendants (ap-pellees) and against the plaintiff (appellant). The facts in the case are that the plaintiff was the employee of the defendant Erwin. The plaintiff sued the defendants for personal injury alleging negligence on the part of the defendants because of the defective condition of the brakes on a truck which the plaintiff was driving in the course of his employment. With other pleas, the defendants plead assumption of risk. The plaintiff employee informed the defendant Erwin, his employer, of the defective condition of…