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GOEPFERT v. FILLER

No. 19777.

563 N.W.2d 140 (1997)

1997 SD 56

Earl GOEPFERT and Vivian Goepfert, as Special Administrators of the Estate of Michael Goepfert, Deceased, Plaintiffs and Appellants, v. Dr. Elliot FILLER, M.D., and Brookings Medical Clinic, P.A., Defendants. Chris STETHEM, Defendant, Third Party Plaintiff and Appellee, v. BROOKINGS HOSPITAL and Louise Coull, Third Party Defendants.

Supreme Court of South Dakota.

Decided May 14, 1997.

Attorney(s) appearing for the Case

C.E. Light, Yankton, for Plaintiffs and Appellants.

Steven M. Johnson, A. Russell Janklow, of Johnson, Heidepreim, Miner & Marlow, Sioux Falls, for Defendant, Third Party Plaintiff and Appellee Stethem.

KONENKAMP, Justice.

[¶ 1] Michael Goepfert lost his life shortly after he jumped from a moving car. His parents sued the driver and others, and the circuit court granted summary judgment for the driver. Ordinarily, assumption of the risk is a question of fact for a jury, but under these circumstances, can it be decided as a matter of law? Because he voluntarily alighted from a moving vehicle without warning, we conclude Goepfert assumed the risk, and thus we...

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