S&S Oil, Inc. v. Jackson
Annotate this CaseRespondent entered a gas station owned and operated by Petitioner, where she mis-stepped on even ground and twisted her knee. Respondent subsequently filed a negligence suit against Petitioner. The trial court denied Petitioner's request to include on the special verdict sheet a question specifically addressing the assumption of risk defense and thereafter entered judgment in favor of Respondent. The court of special appeals affirmed. The Court of Appeals reversed, holding that the trial court's failure to adequately present assumption of the risk constituted error because Petitioner had a right to present the defense to the jury, and that error prejudiced Petitioner's case. Remanded for a new trial.
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