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> > Weighing negligence and risk

Weighing negligence and risk

Minnesota Lawyer, by Jane F. PribekApril 27, 2012

Minnesota Lawyer, by Jane F. Pribek

The Minnesota Supreme Court put the brakes on a defendant's argument that the doctrine of primary assumption of risk should relieve him of liability for negligent operation of a snowmobile.

That April 25 ruling in Daly v. McFarland stems from a lawsuit regarding a January 2007 accident. Christopher Daly and Zachary McFarland were riding when McFarland's snowmobile hit a drift and became airborne. He pushed his snowmobile away from his body to avoid injury, and it collided with Daly's sled. Daly fell off and was injured.

At trial, the jury found both parties negligent but that Daly's negligence was not a direct cause of the accident.

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