CARLSON v. PETERSON

No. 84-1730.

756 F.2d 72 (1985)

A.J. CARLSON and Stener Carlson, Executors of the Estate of Ruth Evenson, Deceased, Appellants, v. Clifford PETERSON, d/b/a Cliff's Texaco, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1985.


Attorney(s) appearing for the Case

Steven C. Beardsley, Rapid City, S.D., for appellants.

Wayne Gilbert, Rapid City, S.D., for appellee.

Before ARNOLD, FAGG, and BOWMAN, Circuit Judges.


FAGG, Circuit Judge.

A.J. and Stener Carlson, on behalf of the estate of their mother, Ruth Evenson, appeal a judgment entered on a jury verdict in favor of Clifford Peterson. Mrs. Evenson died after a fall at Peterson's gasoline service station in April 1980. The Carlsons claim that the trial court committed several errors, including instructing the jury on the defense of assumption of the risk when no evidence supports such a charge. We affirm.

Cliff Peterson...

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