DORR v. BIG CREEK WOOD PRODUCTS, INC.

No. 36195-3-I.

927 P.2d 1148 (1996)

84 Wash.App. 420

Michael Lee DORR and Mary Kathleen Dorr, His Wife, Respondents, v. BIG CREEK WOOD PRODUCTS, INC., a Washington Corporation, Appellant.

Court of Appeals of Washington, Division 1.

December 23, 1996.


Attorney(s) appearing for the Case

Alan B. Hughes, Alan B. Hughes, P.S., Seattle, for appellant.

Steven K. Harpold, Stephen K. Harpold, P.S., Kent, for respondents.


BECKER, Judge.

In this appeal of a judgment for injuries sustained at an active logging site by a licensee, the defendant claims the trial court should have instructed the jury on implied primary assumption of the risk. Notwithstanding the adoption of comparative negligence, implied primary assumption of risk by a plaintiff remains as a defense distinct from contributory negligence. But there must be implied consent by the plaintiff to excuse the defendant from a...

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