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SPRINGROSE v. WILLMORE

No. 42833.

192 N.W.2d 826 (1971)

Mary T. SPRINGROSE, a minor, by James V. Springrose, her father and natural guardian, and James V. Springrose, individually, Appellants, v. Bert L. WILLMORE et al., Respondents.

Supreme Court of Minnesota.

December 10, 1971.

Attorney(s) appearing for the Case

Popham, Haik, Schnobrich, Kaufman & Doty and David S. Doty, Robert A. Minish and Gary R. Macomber, Minneapolis, for appellants.

Meagher, Geer, Markham & Anderson and James Torke and O. C. Adamson, II, Minneapolis, for respondents.

Heard and considered en banc.

OPINION

PETERSON, Justice.

The central issue for determination is whether the judicially created doctrine of implied assumption of risk, as an absolute defense separate from contributory negligence, should be abolished. It arises out of an injury to a teen-age passenger in an automobile negligently operated by its teen-age driver — the claim of the injured passenger and her father against the driver and...

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