requiring evidence to establish “conclusively” that “plaintiff was subjectively aware of the risk”
How later courts described this case
- requiring evidence to establish “conclusively” that “plaintiff was subjectively aware of the risk”
- no assumption of the risk where insulation installer working on stilts was not subjectively aware of piece of vinyl siding that caused his injury
- “Ice always is slippery, and a person walking on ice always runs the risk of slipping and falling.”
- assumption of risk doctrine applied “only where it is beyond question that the plaintiff voluntarily and knowingly proceeded in the face of an obvious and dangerous condition”
Written by the judges who cited it.
The opinion
CAVANAUGH, Judge,
dissenting.
I respectfully dissent because I would find that appellant voluntarily assumed the risk of walking on two foot stilts on a garage floor that was covered with vinyl siding debris.
Appellant .testified during his deposition that he cleared a path on the garage floor in order to prevent a slip and fall accident. Thus, he was aware of the risk involved in performing his job on a floor covered with debris and he voluntarily attempted to make the area safe. However, he unfortunately failed to remove all of the debris from his work area and, as a result, he fell and was injured.
As such, I would agree with the trial court that appellant voluntarily undertook a known and self-created risk, thereby *169 obviating any duty owed to him by appellees. Accordingly, I would affirm the order granting appellees’ motion for summary judgment.