Goodwin v. Legionville School Safety Patrol Training Center, Inc.

422 N.W.2d 46, 1988 Minn. App. LEXIS 368, 1988 WL 33688
CourtCourt of Appeals of Minnesota
DecidedApril 19, 1988
DocketC9-87-1722
StatusPublished
Cited by14 cases

This text of 422 N.W.2d 46 (Goodwin v. Legionville School Safety Patrol Training Center, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodwin v. Legionville School Safety Patrol Training Center, Inc., 422 N.W.2d 46, 1988 Minn. App. LEXIS 368, 1988 WL 33688 (Mich. Ct. App. 1988).

Opinions

OPINION

MULALLY, Judge.

Appellant Josephine Goodwin appeals from an order, dated July 27,1987, denying her motion for a new trial. At the close of all the evidence, the trial court directed a verdict in favor of the respondents, Legion-ville School Safety Patrol Training Center, Inc. (hereinafter referred to as Legionville) and Grande Voitures Du Minnesota, La Societe Des Quarante Hommes, et Huit Chevaux (hereinafter 40 & 8). Findings of facts, conclusions of law and order for judgment were entered on June 26, 1987. A motion for a new trial pursuant to Minn.R.Civ.P. 59.01(7) contended that the trial court’s decision was not justified by the evidence and was contrary to law. Goodwin alleges that the trial court was in error in granting a directed verdict because the evidence was not sufficient. Goodwin also contends that the trial court erred in holding that as a matter of law, primary assumption of risk applied to this case and barred Goodwin’s claim. Respondent Le-gionville has filed a notice of review alleging that as a matter of law, they owed no duty to appellant.

FACTS

Appellant commenced an action against Legionville School Safety Patrol Training Center arising out of injuries which she sustained in a fall from the roof of a dining hall at the Legionville School Safety Patrol Training Center on May 22, 1982. Legion-ville later brought an action against 40 & 8, alleging that its liability is secondary to 40 & 8 or in the alternative, that Legionville is entitled to indemnity against 40 & 8 if found liable.

Legionville is a nonprofit corporation which holds training sessions at its lakefront property each summer for school crossing guards. While Legionville is affiliated with the American Legion, technically it is a separate entity. 40 & 8 is an unincorporated association composed exclusively of American Legion members and is an honorary society of the American Legion. [48]*48Each spring, 40 & 8 has conducted a “work and play weekend,” with the permission of Legionville, to do repairs, maintenance and other chores to prepare the campground for the summer sessions. The 40 & 8 members invite their families or friends to the work and play weekend to perform the chores on a voluntary, noncompensatory basis.

Goodwin was invited as a guest of a friend, Dale Buffington, for the work and play weekend of May 21-24, 1982. Goodwin had also attended the work and play weekend in 1981 with Buffington. In 1981, Goodwin and Buffington volunteered to shingle some dormitories at Legionville. The roofing was an ongoing project which took several years to complete. Goodwin had also had experience in roofing her own house. Buffington had helped Goodwin roof her house and had also roofed his own house. The 40 & 8 members were told to bring their own hammers and to wear rubber-soled shoes if they were going to help with roofing.

Goodwin and Buffington arrived at the campground late Friday evening. They missed an organizational meeting which was held earlier. The work commenced the following morning. Approximately 60-90 persons were present for the work and play weekend. Nails and shingles for the project were provided by Legionville. Several people were already working on the mess hall roof when Goodwin began work Saturday morning. While the peak of the dining hall was approximately 12-14 feet above ground, the edge of the roof was 5-6 feet above ground. There was no ladder present since the workers could get onto the roof by first stepping on a concrete pillar.

Fred Fisher, the caretaker of Legionville, periodically checked on workers and made sure that they had enough supplies. The Legionville board had approved the roofing of the dining hall at a meeting held in October of 1981. The board knew that members of 40 & 8 would be doing the work and that these people were non-professional volunteers. The board, as well as anyone who looked at them, knew that the dining hall was higher and steeper than the dormitories which had been shingled in 1981.

Those who were to work on roofs were told to wear rubber-soled shoes. Goodwin was wearing rubber-soled shoes at the time of the accident. Goodwin testified that she was sitting on the roof and reaching for a shingle slightly above her when she slid off the roof. She thinks that grit from the shingles may have caused the roof to become slippery. Goodwin testified that she went up on the roof voluntarily, knowing that all roofs were hazardous and that this particular roof could be hazardous, although it did not seem to be dangerous. Goodwin also testified that she was aware that she could fall off the roof and injure herself. Goodwin also testified that she was familiar with safety precautions which could be used while roofing. She also testified that she had never been on this roof before and that she never thought about placing a board along the edge of the roof as a safety precaution.

A trial by jury was held on June 1 and 2, 1987. The respondents moved for a directed verdict at the close of the appellant’s case in chief and at the close of all evidence. The trial court granted the directed verdict. In its findings of facts, the trial court found that:

Prior to May 22, 1982, Plaintiff had had experience in shingling roofs. She had worked on the roof of her own home, installing shingles. She was present at the work and play weekend at Legion-ville Camp in 1981, at which time she installed shingles on dormitories.
* * * Prior to her injury, she was aware that, “All roofs are hazardous.” She knew that the particular roof over the mess hall could be hazardous.
Plaintiff had agreed, of her own volition, to undertake work on the roof of the mess hall. She did not do so in response to the orders of anyone. Her decision to participate in the roofing activities was a voluntary choice on her part.
The particular risk to which Plaintiff was subjected at the time of her injury [49]*49was the risk that she might lose traction and fall off of the roof. Before the injury, she had knowledge of this risk, she appreciated the risk, and, although she had a chance to avoid it, she voluntarily chose to chance it.

The trial court made the following conclusions of law:

I. During the work and play weekend of May, 1982, defendant Legionville owed a duty to use reasonable care for plaintiff’s safety.
II. However, immediately prior to her injury of May 22,1982, plaintiff assumed the risk that she might lose traction and fall off the roof. As a result, defendant did not owe plaintiff a duty of due care to protect her from the risk which caused her injury.
III. Plaintiff may not recover from defendant Legionville.
IV. Legionville’s claim against 40 & 8 is rendered moot.

Goodwin moved for a new trial on all issues. The trial court denied the motion. Goodwin appeals from the court’s order, contending that the trial court erred in applying the doctrine of primary assumption of risk to these facts; and that facts exist upon which a jury could sustain a verdict for the plaintiff.

ISSUE

Did the trial court err in directing a verdict in favor of Legionville?

ANALYSIS

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Goodwin v. Legionville School Safety Patrol Training Center, Inc.
422 N.W.2d 46 (Court of Appeals of Minnesota, 1988)

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Bluebook (online)
422 N.W.2d 46, 1988 Minn. App. LEXIS 368, 1988 WL 33688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-legionville-school-safety-patrol-training-center-inc-minnctapp-1988.