HARRIS v. THE ARK

No. 90SA137.

810 P.2d 226 (1991)

James B. HARRIS, Plaintiff-Appellant, v. THE ARK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 6, 1991.


Attorney(s) appearing for the Case

Hall & Evans, Alan Epstein, Christine Van Coney, Malcolm S. Mead, Denver, Kenneth Dressner, Colorado Springs, for plaintiff-appellant.

Retherford, Mullen, Rector & Johnson, Neil C. Bruce, Colorado Springs, for defendant-appellee.


Justice QUINN delivered the Opinion of the Court.

The question in this case is whether section 13-21-111.7, 6A C.R.S. (1987), which defines assumption of risk as the voluntary or unreasonable exposure to injury or damage with knowledge or appreciation of the danger or risk and which requires the trier of fact to consider a plaintiff's assumption of risk in apportioning the degree of negligence between the plaintiff and the defendant in a tort action for damages, violates...

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