Goepfert v. Filler
South Dakota Supreme Court
563 N.W.2d 140 (1997)
As Chris Stethem (defendant) drove Michael Goepfert (plaintiff) and other friends to a bar, slowing to 10-15 mph at a red light, some passengers wanted to be dropped off before Stethem found parking; Stethem told them they could get out if they wanted but didn't stop the car, and as the light turned green and Stethem began accelerating through the intersection, Goepfert opened his door and jumped from the still-moving vehicle, flipping backward, hitting his head, and later dying from the resulting intracranial hemorrhaging. Goepfert's parents sued Stethem for wrongful death and negligence; Stethem argued Goepfert assumed the risk of his own injuries, moved for summary judgment, the trial court granted it, and Goepfert's parents appealed.
Whether the assumption of risk defense may be resolved as a matter of law on summary judgment, rather than always being submitted to a jury.