HUFFMAN v. WALKER JONES EQUIPMENT CO.

No. 92-CA-00031-SCT.

658 So.2d 871 (1995)

Valerie HUFFMAN v. WALKER JONES EQUIPMENT COMPANY, INC.

Supreme Court of Mississippi.

July 20, 1995.


Attorney(s) appearing for the Case

Lisa D. Collums, Jim W. Rose, Gulfport, for appellant.

Larry L. Lenoir, Mize Blass Lenoir & Laird, Gulfport, Robert P. Myers, Jr., Mize Blass Firm, Gulfport, for appellee.

Before HAWKINS, C.J., and PITTMAN and BANKS, JJ.


BANKS, Justice, for the Court:

In this case, we consider the question of whether the trial court erred in granting a summary judgment based on the affirmative defenses of "open and obvious" and "assumption of the risk." Applying our recent pronouncement of the doctrine of open and obvious and the settled law of assumption of the risk, we conclude that summary judgment is not supported by either defense. Accordingly we reverse and remand for further proceedings.

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