eBook details
- Title: William R. and Mary Lou Baber v. Mike Dill
- Author : Court of Appeals of North Carolina
- Release Date : January 19, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
On July 16, 1989, while working on property owned by Mike Dill, William Baber slipped, fell, and was impaled on a steel reinforcing rod. William Baber and his wife, Mary Lou Baber brought this lawsuit against Mike Dill alleging negligence and damages resulting from personal injuries that William Baber sustained. At the close of the Babers case in chief, the trial court directed a verdict in favor of Dill, principally on the conclusion that William Babers actions constituted primary assumption of the risk. Further, the trial court also determined Dill did not owe a duty to William Baber. The court of appeals reversed the trial courts judgment, finding a genuine issue of material fact existed regarding whether William Baber had primarily assumed the risk. On appeal to this court, Dill contends the court of appeals erred as a matter of law by concluding that primary assumption of the risk did not bar the Babers action against him. Without reaching the issue of whether William Babers conduct constitutes primary assumption of the risk, we reverse.