Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Rhoads (D) permitted their guests to operate their ATV after dark, on an unlit trail on a hill, with passengers, without instructions, without wearing available safety helmets, and after serving them alcoholic beverages. P was an over-the-road truck driver and part-time law enforcement officer for the Washington County Sheriff's Department and the Slinger Police Department. P had racing experience as a modified stock car racer and also drove motorcycles and mopeds. P sustained serious head injuries in an ATV rollover accident. Rhoads (D) owned the ATV, and P was operating it with their permission at a party at their home. Although safety helmets were available, P was not wearing one at the time of the accident. P sued Ds for negligence and negligent entrustment. The jury concluded that both P and D were negligent and apportioned the accident negligence (70 percent/30 percent) and the 'helmet negligence' (60 percent/40 percent) between them. The jury also concluded that 90 percent of P's injuries were attributable to his failure to wear a helmet. On motions after verdict, the circuit court struck the special verdict questions regarding D's negligence for P's failure to wear a safety helmet and limited P's recovery to the damages attributable to D's negligence in causing the accident. The court reduced P's recovery by his 30 percent accident-causing contributory negligence, and by a further 90 percent--the percentage of his injuries the jury allocated to the failure to wear a helmet. P appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.