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RUSCIANO v. STATE FARM MUT. AUTO. INS.

No. C8-89-114.

445 N.W.2d 271 (1989)

Mark F. RUSCIANO, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of Minnesota.

September 12, 1989.

Attorney(s) appearing for the Case

Gary T. LaFleur, Babcock, Locher, Neilson & Manella, Anoka, for respondent.

Kay Nord Hunt and Michael P. Shroyer, Lommen, Nelson, Cole & Stageberg, Minneapolis, for appellant.

Heard, considered and decided by SHORT, P.J., and CRIPPEN and SCHULTZ, JJ.

OPINION

CRIPPEN, Judge.

Respondent Mark Rusciano brought suit against appellant State Farm Mutual Automobile Insurance Company for underinsured motorist benefits. Appellant argued that respondent's underlying negligence claim was barred by his primary assumption of risk, or by his comparative fault. The trial court refused to submit the question of primary assumption of risk to the jury. Additionally, the court excluded certain testimony concerning a past...

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