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plaintiffappealtrial

plaintiffdefendanttrialverdict

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Wyly v. Burlington Industries, Inc., 452 F.2d 807

Facts

James W. Wyly participated in the 'National Lap Sitting Contest' sponsored by Burlington Industries, where contestants attempted to hold as many co-eds as possible on their laps for ten seconds. During Wyly's turn, he had 14 girls on his lap when the chair collapsed, resulting in his injury. Prior to this, another chair had already broken under a previous contestant, and Wyly was aware of the risks involved, including the weight he was attempting to support.

James W. Wyly was a contestant in “the National Lap Sitting Contest” when a chair proved unable to support him and the 14 co-eds who were sitting on his lap. The chair broke. Wyly was injured. He brought suit against Burlington Industries, Inc., which sponsored the contest. The trial court instructed the jury that defendant was liable for the injuries as a matter of law, and plaintiff won a $13,000 verdict.

Issue

Did the plaintiff, James W. Wyly, voluntarily expose himself to a known and appreciated danger, thereby barring his recovery under the Texas doctrine of volenti non fit injuria?

Rule

The Texas doctrine of volenti non fit injuria states that a plaintiff may not recover for an injury to which he assents; that is, a person may not recover for an injury received when he voluntarily exposes himself to a known and appreciated danger.

Analysis

The court determined that there was sufficient evidence for a jury to conclude that Wyly knew the risks associated with the contest, particularly after a chair had already collapsed. The jury could find that Wyly understood the nature and extent of the danger posed by attempting to hold 14 girls on a chair designed for one person. The court emphasized that the determination of what Wyly knew and appreciated was a question for the jury.

Drawing the inference from this evidence most favorable to the defendant, we think that reasonable and fair-minded men could find that the plaintiff knew that such a condition was dangerous. The Texas Supreme Court has stated that the volenti doctrine is a subjective one concerned with the individual plaintiff. A determination of what a particular person knew, appreciated or understood is peculiarly within the province of the jury.

Conclusion

The Court of Appeals reversed the trial court's decision and remanded the case, stating that the issue of whether Wyly voluntarily assumed the risk should have been submitted to the jury.

Accordingly, we hold that the district court should have submitted the issue of volenti non fit injuria to the jury.

Who won?

Burlington Industries, Inc. prevailed in the appeal because the court found that the jury should have been allowed to determine whether Wyly voluntarily exposed himself to a known danger.

Holding that the defendant was entitled to have a jury determine whether the plaintiff voluntarily exposed himself to a known and appreciated danger so as to bar his recovery under the Texas doctrine of volenti non fit injuria, we reverse.

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