Climate Change Project

Table of Contents



Sheppard by Wilson v. Midway R-1 School Dist., 904 S.W.2d 257 (Mo.App. W.D., May 30, 1995)

What is the procedural history?

What are the facts and the nature of the plaintiff's injury?

What are plaintiff's points on appeal?

What did plaintiff say was the negligence?

What did defendant say caused her injuries?

Why was plaintiff on notice of the problems with the pit, if they existed?

What is Instruction 8?

What is instruction 9?

What is the "tail" on 8 and why is it a problem for plaintiff?

What is the UCFA?

When does the UCFA consider assumption of risk as plaintiff's fault to be set off against defendant's negligence?

What is express assumption of risk?

How does it affect plaintiff's recovery?

Did it exist in this case and why?

What is implied primary assumption of risk?

When does it exist?

What is implied secondary assumption of risk?

What is the difference between reasonable and unreasonable implied secondary assumption of risk?

What is the effect on plaintiff's recovery?

What type of assumption of risk is usually at issue in sports?

How does plaintiff's argue that this is not primary assumption of the risk of long jumping?

What happened in the Scott v. Pacific West Mountain case?

What does the court in the Scott case say about duty?

What happened in the Cheerleader case?

Why might this not be primary assumption of risk but unreasonable secondary assumption of risk?

What rule does the court articulate in par 51?

What are the two things wrong with instruction 9?

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