Pachunka v. Rogers Construction, Inc.

Pachunka (plaintiff), a home sales agent, could only reach a house under construction by walking up a makeshift ramp Rogers Construction (defendant) built over a muddy area, since his back condition prevented him from stepping up directly and he lacked a key to the garage entrance; he slipped and fell on the ramp while leaving. At trial, Rogers argued Pachunka assumed the risk of using the ramp, and the trial court refused Pachunka's requested instruction that assumption of risk requires voluntariness and a reasonable alternative; the jury found for Rogers, and Pachunka appealed.