Jensen v. Menard, Inc.
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The Supreme Court affirmed the decision of the circuit court declining to instruct the jury on assumption of the risk in this negligence case.
Ronald Jensen purchased plywood sheets from a Menard Inc. store. While an employee loaded the sheets onto the back of Ronald’s truck a gust of wind caused the plywood to tip over and fall on Ronald, resulting in severe injuries. Ronald filed a lawsuit against Menards for negligence, and his wife sued for loss of consortium. The jury returned a verdict in favor of Ronald’s wife and estate. Menards appealed, arguing that the circuit court erred in denying Meanrds’ request for an instruction on assumption of the risk. The supreme Court affirmed, holding that an assumption of the risk defense could not be established.
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