Wirtz v. Gillogly Case Brief Summary | Law Case Explained скачать в хорошем качестве

Wirtz v. Gillogly Case Brief Summary | Law Case Explained

Get more case briefs explained with Quimbee. Quimbee has over 42,100 case briefs (and counting) keyed to 988 casebooks ► https://www.quimbee.com/case-briefs-o... Wirtz v. Gillogly, 216 P.3d 416 (2009) Is a person who’s injured while knowingly and voluntarily encountering a risk barred from later bringing a negligence claim to recover for his injuries? We explore that question in Wirtz versus Gillogly. David Gillogly needed to clear some trees on his land. David’s son, Dennis Gillogly, asked his friend Robert Wirtz to help out. Wirtz agreed to assist free of charge. Although Dennis had prior tree-felling experience, Wirtz didn’t. For the first few days, Wirtz and David stacked wood while Dennis felled trees. Dennis then enlisted Wirtz’s help to fell one particular tree. Because the tree was close to cable television lines, Dennis decided to notch the tree and utilize cables to pull the tree away from the lines. The Gilloglys explained the plan to Wirtz. Wirtz operated a ratchet that kept the cables taut while Dennis used a chainsaw to fell the tree. During this process, the tree’s trunk split. David told Wirtz that he didn’t have to assist further if he didn’t want to. However, Wirtz continued to operate the ratchet. The tree trunk then split in two. The broken portion of the tree struck Wirtz in the head, knocking him unconscious. Wirtz sued the Gilloglys for negligence in Washington state court. At deposition, the Gilloglys testified that they’d repeatedly offered Wirtz a hard hat and advised him to wear it, but Wirtz refused. Wirtz admitted that he knew the tree would fall in his direction and might strike him. Wirtz explained that he initially planned to take shelter behind another large tree for safety once the tree started to fall. The Gilloglys asserted that Wirtz had assumed the risk of being struck by a tree because he’d knowingly and voluntarily participated in the tree-felling project. The trial court agreed and entered summary judgment in the Gilloglys’ favor. Wirtz appealed to the Washington Court of Appeals. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/wirtz-v... The Quimbee App features over 42,100 case briefs keyed to 988 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-o... Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/wirtz-v... Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_... Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-o... Facebook ►   / quimbeedotcom   Twitter ►   / quimbeedotcom   #casebriefs #lawcases #casesummaries