Hildebrand v. Minyard
Arizona Court of Appeals
494 P.2d 1328 (1972)

- Written by Sean Carroll, JD
Facts
George Hildebrand (George) was working on a loader in a packing yard. George parked the loader in between two buildings but partially sticking out into a driving area. George was aware of the intrusion, but the evidence indicated that he believed that vehicles could get around the loader safely. George was killed when a tractor being driven by George Minyard (defendant) struck the loader. George’s surviving spouse, Joella Hildebrand (plaintiff), sued Minyard in tort. The trial court instructed the jury on assumption of risk. The jury returned a verdict in Minyard’s favor. Joella appealed, arguing that the jury should not have been instructed on assumption of risk.
Rule of Law
Issue
Holding and Reasoning (Howard, J.)
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