Woodall v. Wayne Steffner Productions, Inc.

Woodall (plaintiff), an experienced stunt performer who had safely performed a kite-flying stunt hundreds of times, told Steffner (defendant) he required a qualified driver and offered to bring his own; Steffner assured him it would provide an experienced driver and supplied Welo (defendant), whom Woodall specifically briefed on the critical speed requirements. During the stunt, Welo negligently exceeded the safe speed limit Woodall had specified, causing the kite to crash and seriously injuring Woodall. The trial court found for Woodall, rejecting the defendants' assumption-of-risk defense.

Whether, if a plaintiff surrenders his better judgment upon an assurance of safety or a promise of protection, he assumes the risk of the defendant's negligence, unless the danger is so obvious and extreme that there can be no reasonable reliance upon the assurance.