Assumption of the Risk Does Not Necessarily Raise a Jury Question

On April 12, 2016, Enrique Gonzalez-Nunez was working for Tri State Tire Company, loading and unloading trucks. Gonzalez-Nunez would also regularly take down the metal bars spanning the inside of the trailer and secured to vertical tracks in the trailer walls. Prior to loading tires, Gonzalez-Nunez discovered that one of the metal bars was hanging down on the left side of the trailer. At this point, Gonzalez-Nunez’s manager left to get a tool to take out the screw on the right side of the bar, so it could then be removed. While waiting on his manager, Gonzalez-Nunez attempted to remove the bar by himself. Shortly thereafter, Brian Thompkins, an Old Dominion Freight Line, Inc. driver, tr

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