A worker who complained of dangerous conditions on a hospital’s loading dock and then agreed to participate in several demonstrations to illustrate the hazards cannot sue the hospital for the injuries he sustained since he was aware of the risks and undertook them voluntarily, a federal judge has ruled.
In his 13-page order in Kofsky v. Albert Einstein Medical Center, U.S. District Judge Stewart Dalzell found that “the existence of the assumption of the risk defense under Pennsylvania law is a matter of some debate in light of Pennsylvania’s adoption of comparative negligence.”
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