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Affirmative Research

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Submitted By bprez411
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Barbara Perez
Unit 4 Assignment: Research Affirmative Defenses
PA110 Civil Litigation
July 27, 2014
Professor: Julie Dennis

There are quite a few defenses that could be used when reviewing the Justin King case, however, I believe the most obvious would be assumption of risk. The defendant can claim that if the Mr. King would have worn a helmet it would have caused him fewer injuries to his head. Although wearing a helmet is not required in the state of Illinois, Mr. King chose to assume the risk of the outcome. The helmet may have provided more protection against the accident.
I was able to research some cases on Westlaw where assumption of risk was used as a defense and I came across McKinley v. Casson. In this particular case, a motorcyclist brought personal injury action against the driver for damages that he had sustained when his motorbike rear-ended the driver's vehicle. “The Superior Court, New Castle County, 2012 WL 1408498, after denying driver summary judgment, entered judgment on a jury verdict in favor of driver. Both parties appealed” (McKinley v. Casson, 2013). The Supreme Court held that the evidence regarding motorcyclist's failure to wear a helmet was unallowable in personal injury action against the driver; because motorcyclist was under no obligation to wear a helmet; his failure to wear one wasn’t applicable as a matter of comparative negligence.
Jury Instruction on Assumption of the Risk:
“In light of our holding that no evidence should have been admitted regarding McKinley's non-use of a helmet, it follows that no jury instruction should have been given on assumption of the risk and/or riding without a helmet. Thus, we decline to address whether the instruction was substantively deficient” (McKinley v. Casson, 2013).
In the end the jury found that Casson was not involved in negligent conduct that caused the accident. McKinley…...

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