Assumption of Risk and the Automobile Guest: Time to Reevaluate Their Relationship
Loading...
Authors
Stefani, Richard A.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In the past two decades many courts have been asked to reexamine the validity and value of the doctrine of assumption of risk. The trend has been to abrogate the defense in negligence actions, particularly where the jurisdiction has adopted a comparative negligence system. |Recently, in Sandberg v. Hoogensen, the Nebraska Supreme Court was presented with the opportunity to abolish the defense of assumption of risk as a complete and independent defense in negligence actions. In that case, involving a fatal one-car accident in which the evidence indicated that the driver of the automobile and his guest passenger were both intoxicated, the supreme court held that there was no error in the submission of the guest passenger's assumption of risk to the jury. In refusing to abolish assumption of risk as an independent defense in Nebraska, the court stated that ever since Landrum v. Roddy -a similar automobile guest case where both the plaintiff-guest and the defendant-driver had been drinking together-assumption of risk has existed under such circumstances as a complete defense in Nebraska. |In cases involving automobile guests where either the driver is intoxicated or both the driver and the guest are intoxicated, the defenses of both contributory negligence and assumption of risk may be issues. A number of cases involving this factual situation...
Description
Citation
13 Creighton L. Rev. 251 (1979-1980)
Publisher
Creighton University School of Law