Barrett v. Fritz

Plaintiff, Jamee H. Barrett, sued for personal injuries sustained on a golf course when struck by a ball hit by defendant
Edward Fritz. In that negligence action the circuit court of Cook County instructed the jury on assumption of risk, and entered
judgment on the jury verdict in favor of defendant. The appellate court, on plaintiff's appeal, reversed and remanded the
cause for a new trial (98 Ill. App.2d 75), and we granted defendant leave to appeal. The issues are whether the defense of assumption of risk is available in a negligence action where there is no employment
or contractual relationship between the parties, and whether that question was properly preserved for appeal. There is no
substantial dispute on the facts, which are amply set forth in the appellate court opinion, and will be detailed only insofar
as necessary to the disposition of the issues.