ASSUMPTION OF RISK properly applied to excavator operator voluntarily participating in abnormally dangerous activity (working under rock overhang), Matkovic and Restatement of Torts §523 applied rather than Lutz… jury properly instructed per MPI 7.06 modified to condition rather than product… verdict for damaged excavator based on 51% fault [Read more…]
$6,244.84 net verdict (49/51), road blasting
VERDICT: $6,244.84 net (49/51 liability, $50,000 gross for damaged excavator, $19,255.16 due Defendant on contract), [Read more…]