Appellate Court Upholds Assumption of Risk Defense in Parade Fatality Case

This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles.

During a parade, a participant died when she fell from a moving fire truck. The trial court denied the defendants’ motion for summary judgment. However, on appeal, the appellate court found that when the decedent rode standing up and leaned on the fire truck door, she assumed the risk of her actions and the defendant had no duty to protect her from her actions.

The court further noted that hearsay evidence with regard to issues with the fire truck door was not admissible and that there was no notice to the defendants that there was an issue with the latch that could result in the door swinging open while the vehicle was in motion.