Cole Ex Rel. Estate of Cole v. South Carolina Electric & Gas, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “It is well-settled that assumption of the risk is an affirmative defense which the defendant bears the burden of proving.”
• \[E]stoppel must be affirmatively pled as a defense . . . .\
• \Primary implied assumption of the risk arises when the plaintiff impliedly assumes risks inherent in a particular activity. It is not a true affirmative defense but is another way of stating there is no duty to the plaintiff.\
• \Primary implied assumption of the risk arises when the plaintiff impliedly assumes risks inherent in a particular activity. It is not a true affirmative defense but is another way of stating there is no duty to the plaintiff.\ (citation omitted)

Source: CourtListener parenthetical corpus (CC0).