Beau Gordon, a professional roofer, fell 35 feet through a “camouflaged hole” in a warehouse roof that he was inspecting. Gordon suffered a head injury and, as a result, brought suit against the building’s owner, ARC Manufacturing Inc., and Joseph Meyers.
On appeal, the primary issue was whether the trial court correctly refused to instruct the jury on primary assumption of risk where, as in this case, the defendants did not hire or engage Gordon.
The Court of Appeals concluded that primary assumption of risk did not apply, rejected the defendants’ other contentions and affirmed the judgment in favor of Gordon.