Simmons v. Porter
Kansas Supreme Court
312 P.3d 345 (2013)
Relevant factsFree
Mechanic Simmons (plaintiff) was injured and badly burned in a fire that started after a loose fuel tank he was working on fell and doused him in gasoline, causing him to break a shop light while moving away; he sued employers the Porters (defendants) for failing to provide a safe workspace, and the lower courts ruled for the Porters based on the common-law assumption-of-the-risk defense.
IssueFree
Whether a legislature's adoption of comparative fault abrogates the assumption-of-the-risk doctrine.