Gibson v. BEAVER AND SOUTHERN STATES HOWARD COUNTY PETROLEUM COOP., INC.

How courts have described this case

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

• stating that “[i]n determining whether a plaintiff had knowledge and appreciation of the risk, an objective standard must be applied and a plaintiff will not be heard to say that he [or she] did not comprehend a risk which must have been obvious to him [or her]”
• stating that even though Gibson was told that he could not have fuel oil in his house if he did not pull the oil hose from the truck to his house, Gibson acted voluntarily because he still had the choice to accept or reject the fuel oil
• “the defense of assumption of risk rests upon the plaintiffs consent to reheve the defendant of an obligation of conduct toward him.... ”
• The arguments in Burke were “rejected ... because there was no showing that the act of the plaintiff which produced the harm was done by him against his will.”
• The arguments in Burke were \rejected ... because there was no showing that the act of the plaintiff which produced the harm was done by him against his will.\
• assumption of the risk rests on the plaintiff taking a chance of harm from a “particular risk.”

Source: CourtListener parenthetical corpus (CC0).