Goodwin v. Legionville School Safety Patrol Training Center, Inc.

I respectfully dissent. Contrary to the majority’s opinion, I do not believe that the doctrine of primary assumption of risk applies to this case. I would remand this case for a jury to decide the negligence of both parties.

Appellant Josephine Goodwin testified at trial that she did not think the roof of the dining hall was dangerous, even though she knew that all roofs could be hazardous. Rather than appreciating and consenting to any risk, Goodwin testified that she never thought about it, nor did she think about taking any precautions.

From testimony given at trial, a jury could have found…