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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)

Citation
Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Parent Document
Samuelson v. A.A. Quality Construction, Inc., 230 Mont. 220 (1988)
Jurisdiction
Montana (state)
Effective Date
1988-01-21

Other Sections in This Document (25)

Full Text

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A.A. Quality contends that the trial judge should not have refused its proposed Instruction No. 19, which would have instructed the jury in terms of assumption of risk. Assumption of risk is an affirmative defense which must be plead affirmatively. Rule 8(c), M.R.Civ.P. “If an affirmative defense is not plead, it is generally waived.” Chandler, 642 P.2d at 1032. This affirmative defense was not plead, and the District Court correctly refused to instruct the jury on assumption of risk.