![Jacobsen Construction Company V.](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
![Jacobsen Construction Company V.](/assets/artwork/1x1-42817eea7ade52607a760cbee00d1495.gif)
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Jacobsen Construction Company V.
1980.UT.216, 619 P.2D 306
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Publisher Description
STEWART, Justice: This appeal by defendant is from a judgment awarding plaintiffs damages resulting from defendants faulty construction of a fiberglass storage tank. Defendants claim is that the jurys finding of assumption of risk entirely precludes a judgment for plaintiff under both of plaintiffs theories of recovery: negligence and breach of express warranty. The central issues raised are (1) whether assumption of risk is a complete bar to plaintiffs recovery under Utahs comparative negligence statute, Utah Code Ann. (1953), as amended. § 78-27-37, and (2) whether assumption of risk constitutes a defense to an action for breach of express warranty.