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MIZUSHIMA v. SUNSET RANCH, INC.

No. 17022.

737 P.2d 1158 (1987)

Naomi MIZUSHIMA, Appellant and Cross-Respondent, v. SUNSET RANCH, INC., a Nevada corporation; and Travel Systems, Ltd., a Nevada Corporation, Respondent and Cross-Appellant.

Supreme Court of Nevada.

May 29, 1987.

Attorney(s) appearing for the Case

Stokes, Terry, Winter & Wessel, Lambrose, FitzSimmons & Perkins, Carson City, for appellant and cross-respondent.

Julian C. Smith, Jr. and Pauline M. Simmons, Carson City, for respondent and cross-appellant.

Milos Terzich, Gardnerville, Peter Chase Neumann, Reno, for amicus curiae Nevada Trial Lawyers Ass'n.

OPINION

STEFFEN, Justice.

The primary issue of this appeal is whether and to what extent the doctrine of assumption of risk remains a viable defense to a tort action for negligence in the State of Nevada. We conclude that the variety of assumption of risk here present is subsumed within Nevada's law of comparative negligence. Accordingly, the judgment must be reversed and the cause remanded for a new trial.

The factual predicate for the action filed...

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