Simmons v. Porter

312 P.3d 345 (2013)

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Simmons v. Porter

Kansas Supreme Court
312 P.3d 345 (2013)

SC
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Facts

Adam Simmons (plaintiff) worked as a vehicle mechanic for Richard and Sarah Porter (defendants). Simmons was working on a truck’s loose fuel tank when the tank fell and covered Simmons in gasoline. When this occurred, Simmons moved away from the tank, and in doing so he broke a shop light, causing a fire. Simmons was badly burned. Simmons brought suit against the Porters for failing to provide a safe workspace. The district court found in favor of the Porters based on the common law affirmative defense of assumption of the risk. The court of appeals affirmed. Simmons appealed, arguing that the state legislature’s adoption of comparative fault eliminated the doctrine of assumption of the risk.

Rule of Law

Issue

Holding and Reasoning (Biles, J.)

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